Minimum Age (Fishermen) Convention, 1959 (No. 112) - Guatemala (Ratification: 1961)

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the Government’s reports on the application of the Conventions related to fishing. In order to provide an overview of the issues relating to the application of these Conventions, the Committee considers it helpful to examine them in a single comment as follows. Further to its previous comments, the Committee notes the Government’s indication of the absence of a fishing fleet, as fishing is still eminently artisanal. In this regard, the Committee requests the Government to provide information on any evolution of the sector which has a bearing on the implementation of the Conventions.

Minimum Age (Fishermen) Convention, 1959 (No. 112)

Article 2 of the Convention. Minimum age of admission to work in the fishing industry. The Committee requested the Government, in its previous comments, to indicate any measure taken to expressly prohibit the employment of children under the age of 15 years on board fishing vessels, subject to the limited exceptions allowed under Articles 2(2)–(3) and 4 of the Convention. The Committee notes the Government’s indication that the General Labour Inspectorate, in application of the Minimum Age Convention, 1973 (No. 138), has not issued any work permit to young workers under 15 years of age since 2013. The Committee observes, however, that the Constitution and the Labour Code fix the minimum age of admission to work at 14 years. While noting the information provided by the Government, in the absence of a clear provision establishing the minimum age for fishers, the Committee requests the Government once again to indicate any measure taken or envisaged to expressly include in the national legislation a general prohibition against the employment of children under the age of 15 years on board fishing vessels.

Medical Examination (Fishermen) Convention, 1959 (No. 113)

Article 2 of the Convention. Medical certificate. The Committee noted in its previous comments that, according to the Maritime Department of the Ministry of National Defence, there were no regulations allowing to monitor compliance with the application of the Convention in practice. The Committee requested the Government to provide information on the application of Resolution No. AMN-DM-DFTGM-002-2006-FBA/mpc, which stipulates that navigation permits are only issued subject to a certificate from the port authority verifying that the crew members’ medical certificates are valid. The Committee notes the Government’s information that the Ministry of National Defence has indicated that, in relation to the aforementioned resolution, the port authority is competent, inter alia, for verification of competency, verification of navigation safety standards of vessels, but is not in charge of medical certificates. The Committee further notes the Government’s indication that the port authority does not have any register nor statistics on fishers in possession of medical certificates. The Government adds that given that the fishing sector is artisanal and mostly a subsistence activity, the inclusion of medical examination among the conditions for navigation would increment the costs of this activity. Recalling that, as provided under Article 2 of the Convention, no person shall be engaged for employment on a fishing vessel unless he produces a certificate attesting to his fitness for the work, the Committee requests the Government to indicate the measures taken to ensure the implementation of the Convention.

Fishermen’s Articles of Agreement Convention, 1959 (No. 114)

Article 6(3) of the Convention. Particulars of articles of agreement. The Committee requested the Government to indicate whether it envisaged including in the standard articles of agreement for fishers both a clause concerning the provisions supplied to the fisher according to section 7(g) of Government Order 10 80 of 9 May 1980, which gives effect to Article 6(3)(g) of the Convention, and a clause concerning the way the wage is calculated if the fisher is remunerated on the basis of a share of the catch, as provided for under section 7(h) of Government Order 10-80 and Article 6(3)(h) of the Convention. The Committee notes the Government’s reply that such inclusion has not been contemplated, since it is first necessary to adapt the model agreement – whose revision is still pending and will be conducted as soon as possible – to the current fishing conditions, which have varied markedly since the date of Government Order 10-80. The Committee takes note of this information and requests the Government to indicate the measures taken or envisaged to update the model articles of agreement to put it into full conformity with the Convention.

Article 8. Information on board as to the conditions of employment. The Committee noted that the Government had confirmed that there was no provision enabling fishers to obtain information on board concerning their conditions of employment, as fishing was, for the most part, artisanal and, very frequently, family-based. It was requested to provide information on the outcome of the work it had begun on this subject with the collaboration of the Ministry of Labour and Social Affairs, the Ministry of National Defence, the Ministry of Foreign Affairs and the Social Security Institute. The Committee recalls that this provision of the Convention requires that clear information as to the conditions of employment needs to be obtained on board to enable the fisher to satisfy himself as to the nature and extent of his rights and obligations. The Committee notes that the Government did not provide any specific information in this regard and requests it to indicate any measure taken or envisaged to implement this requirement of the Convention.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 2 of the Convention and Part V of the report form. Minimum age of admission to work in the fishing industry – Practical application. Further to its previous comment, the Committee notes the Government’s reference in its report to Government Agreement No. 250-1006 of 18 May 2006 on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), which lists the types of work forbidden to those under 18 years of age – either because they are dangerous by nature or on account of the conditions under which they take place. It notes the Government’s statement that if a task on board a fishing vessel fulfils one of these conditions, it is banned for young persons under 18 years of age, and that subsequently there is no reason to amend the Government Agreement. The Committee recalls, however, that the need to amend this text with a view to including fishing in the list of hazardous work had been raised at the national level by the technical and legal advisory service of the Ministry of Labour and Social Affairs. In this respect, it draws the Government’s attention to the ILO report entitled Children in hazardous work: What we know, what we need to do, published in 2011, which specifically lists the hazards involved in various types of work carried out on board fishing vessels. The Committee also notes the data in the report “Child labour in Guatemala; an in-depth study on the enquiry into living conditions carried out by ENCOVI in 2006”, published jointly in 2008 by the Ministry of Labour and Social Affairs and the National Statistics Institute. It notes in particular that, in 2006, according to the findings of this survey, nearly 1 million children under 18 years of age were carrying out an economic activity, of which more than half were under the age of 15 years. It notes also that, according to the same survey, work in agriculture, livestock farming, hunting, forestry and the fishing sector accounted for 55.5 per cent of the work of those under 18 years of age. In the light of these considerations and the risks involved in many tasks carried out on board fishing vessels, the Committee hopes that the Government will envisage the possibility of including these types of work in the list of hazardous work established under Government Agreement No. 250-1006. The Committee requests the Government to keep the Office informed of any decision that might be taken in this respect.

The Committee also recalls the formalities previously undertaken by the Government with a view to declaring that Article 3 of the Minimum Age Convention, 1973 (No. 138) – which establishes the minimum age for hazardous work – is applicable to maritime fishing. It recalls that such a declaration would entail the automatic denunciation of Convention No. 112. The Committee requests the Government to indicate whether it still intends making this formal declaration and, as the case may be, to keep the Office informed of any decision it might take in this respect.

The Committee also draws the Government’s attention to the Work in Fishing Convention, 2007 (No. 188), which revises in an integrated manner most of the existing ILO fishing instruments. The Committee requests the Government to consider favourably the ratification of Convention No. 188, in particular, Article 9 of Convention No. 188 raises the minimum age for work on board a fishing vessel from 15 to 16 years, provides that the competent authority may authorize a minimum age of 15 for persons who are no longer subject to compulsory schooling and who are engaged in vocational training in fishing, and prohibits the night work of fishers under the age of 18 and to keep the Office informed of any decision it might take on this matter.

Finally, the Committee requests the Government to provide information on the application of the Convention in practice. In view of the preceding information on the prevalence of child labour in the country, including in the fishing sector, the Government is requested to submit all available statistical data at its disposal concerning work carried out by children under 15 years of age on board a fishing vessel, and to communicate extracts from reports of the labour inspection services indicating the number and nature of infringements to the provisions implementing the Convention, as well as any corrective measures taken.

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

Article 2 of the Convention. Minimum age. The Committee notes with interest resolution No. AMN-DM-DFTGM-002-2006-FBA/mpc, adopted on 7 August 2006 by the Maritime Department of the Ministry of National Defence, which refers expressly to the Convention. It provides that the authorities responsible for issuing navigation permits for fishing vessels must check in advance that no children under 14 years of age are employed on board and that those aged between 14 and 18 years are in possession of permits issued respectively by the Ministry of Health and Ministry of Labour. It also requires registers to be kept of fishers of over 14 years and under 18 years of age.

Part V of the report form. The Committee notes the information sent by the Government on the practical effect given to the Convention, particularly with regard to the workshops on the labour of young persons organized by the Ministry of Labour and Social Welfare to familiarize participants with the content of Conventions ratified by Guatemala. It also notes that the maritime inspectorate has recorded only one infringement of the minimum age legislation and that it involved a passenger ship and not a fishing vessel. The Committee requests the Government to continue to provide information in future reports on the practical application of the Convention, including extracts of reports by the inspection services.

With regard to follow-up of the decisions taken by the Governing Body following the recommendations of the Working Party on Policy regarding the Revisions of Standards, the Committee notes with interest that the Government has begun formalities for declaring that Article 3 of Convention No. 138, setting the minimum age for hazardous work, applies to maritime fishing, which would entail immediate denunciation of Convention No. 112. The Committee notes, however, that the Worker delegates at the Tripartite Committee on Labour-Related International Issues opposed denunciation of Convention No. 112 on the grounds that workers’ rights are enshrined in article 106 of the Constitution and are inalienable. The Committee reminds the Government that extending the application of Article 3 of Convention No. 138 to maritime fishing does not mean that Guatemala needs formally to denounce Convention No. 112, denunciation being automatic. The minimum age in the maritime fishing sector would then be governed by the provisions of Convention No. 138, and particularly Article 3 on hazardous work which sets the minimum age for admission to such employment or work at 18 years (Article 3, paragraph 1, of Convention No. 138). National laws or regulations or the competent authority may, however, authorize employment or work as from the age of 16 years but only after consultation with the organizations of employers and workers concerned and provided that the health and safety and morals of the young persons are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. The minimum age in the maritime fishing sector would thus be 18 years (exemptions being possible as from 16 years), whereas the minimum age set by Convention No. 112 is 15 years (with exemptions possible as from 14 years). The Committee wishes to impress on the Government that automatic denunciation of Convention No. 112 as a result of notification by Guatemala that Article 3 of Convention No. 138 applies to maritime fishing, will in no way lessen the protection enjoyed by workers in this area. The Committee therefore asks the Government to keep it informed of the measures taken to declare formally that Article 3 of Convention No. 138 applies to maritime fishing.

Lastly, the Committee notes with interest the adoption of Government Decision No. 250-2006, which came into force on 6 June 2006 and ensures the implementation of the Worst Forms of Child Labour Convention, 1999 (No. 182). In particular, it lists the types of work which, by their nature and the conditions in which they are performed, are likely to harm the health, safety or morals of children under 18 years of age. It also notes that in an opinion issued on 12 June 2006 the technical and legal advisory department of the Ministry of Labour and Social Welfare concluded that the abovementioned Government Decision ought to be amended so as to include fishing among the types of hazardous work so that the employment of minors in such activities is expressly prohibited. The Committee asks the Government to provide information on any measures taken to amend Government Decision No. 250-2006 so as to include maritime fishing in the list of types of work which, by their nature or the conditions in which they are carried out, are liable to harm the health, safety or morals of persons under 18 years of age.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with interest the information supplied by the Government in its report and, in particular, the fact that Government Decree No. 14-73 of 12 April 1973 applying the provisions of the Convention is still in force. The Committee also notes that, according to the Government, workers employed by companies having Guatemalan capital are of age.

Part V of the report form. The Committee again requests the Government to supply information on the practical application of the Convention (extracts from official reports of the inspection services and, if possible, statistics on the number and nature of the contraventions reported, etc.).

The Committee takes this opportunity to draw the Government’s attention to the decision taken by the Governing Body regarding the Convention subsequent to its examination by the Working Party on Policy regarding the Revision of Standards (document GB.279/LILS/3(Rev.1) of November 2000).

The Governing Body decided to invite States parties to Convention No. 112 to contemplate ratifying the Minimum Age Convention, 1973 (No. 138). The ratification of Convention No. 138 by a State party to Convention No. 112 results in the immediate denunciation of the latter if the State accepts the obligations of Convention No. 138 for maritime fishing and either specifies, in conformity with Article 2 of Convention No. 138, a minimum age of not less than 15 years, or stipulates that Article 3 (fixing a higher minimum age for admission to hazardous work) of Convention No. 138 applies to maritime fishing.

Guatemala ratified Convention No. 138 on 27 April 1990. It specified 14 years as the minimum age for admission to employment or work and has not declared that Article 3 of Convention No. 138 applies to maritime fishing. Consequently, the ratification of Convention No. 138 by Guatemala has not resulted in the denunciation of Convention No. 112.

The Governing Body also invited States parties to Convention No. 112 to take into consideration the conclusions of the Tripartite Meeting on Safety and Health in the Fishing Industry (Geneva, 13-17 December 1999), in consultation with the employers’ and workers’ organizations concerned. The conclusions stated that the minimum age for admission to employment and work in the maritime fishing industry should in no case be lower than 16 years and that the activity should be considered a hazardous occupation within the meaning of Article 3 of Convention No. 138.

The Committee requests the Government to indicate the measures taken or envisaged to apply the decisions of the Governing Body. It draws the Government’s attention to the fact that making a formal declaration that Article 3 of Convention No. 138 applies to the maritime fishing industry would result in the denunciation with immediate effect of Convention No. 112.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Articles 2 and 3 of the Convention and point V of the report form. The Committee requests the Government to indicate if Government Decree No. 14-73 of 12 April 1973 is still in force, and if so, to provide information on the practical application of the Convention (extracts from official reports and statistics on the number and nature of the contraventions reported).