Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

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

The Committee notes the general observations of the International Organisation of Employers (IOE), received on 29 August 2025. The Committee also notes the observations of Public Services International (PSI) and its affiliates in Guatemala (Trade Union of University Workers of San Carlos de Guatemala, Trade Union of Workers in Legislative Bodies, Transport Federation of Guatemala, Trade Union of Property Register Administrative Workers), received on 2 September 2025 (hereinafter, PSI and its affiliates), which refer to matters examined in the present comment.

Complaint under article 26 of the Constitution of the ILO. The Committee recalls that a complaint concerning non-observance by the Government of Guatemala of the Convention and of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), submitted under article 26 of the ILO Constitution by several Workers’ delegates to the International Labour Conference in June 2023, is being examined by the Governing Body of the ILO. The Committee notes that, at its 355th Session (November 2025), and in light of the efforts made by the Government to give effect to the Conventions, the Governing Body: requested the Government to continue intensifying its efforts to implement these two Conventions; requested the Office to continue expanding its technical assistance programme to ensure further progress in the implementation of the Conventions; and deferred to its 358th Session (November 2026) the decision to consider further action in respect of the complaint submitted under article 26 (GB.355/INS/10(Rev.1)).

Joint mission by the ILO, the IOE and the International Trade Union Confederation (ITUC). The Committee also notes that, at the request of the Government, a joint ILO, IOE and ITUC mission visited Guatemala from 19 to 21 August 2025 to identify a number of priority areas for action in support of the implementation of the road map on freedom of association. Following its visit, the mission issued an assessment, which is published in annex to document GB.355/INS/10(Rev.1).

Trade union rights and civil liberties. The Committee notes with regret that since 2005 it has been examining allegations of serious acts of violence against trade union leaders and members, including numerous murders and the situation of impunity.

The Committee notes the information provided by the Government on the situation with regard to the investigations and judicial procedures relating to the murders of over 100 members of the trade union movement between 2004 and 2024. According to the information provided by the Government in its report: (i) in 28 cases there have been 41 sentences handed down (22 convictions, five acquittals and one security and corrective measure); (ii) the criminal prosecutions in six cases were terminated due to the deaths of the persons accused; (iii) in seven cases, arrest warrants have been issued and are still to be served; (iv) five cases are at the intermediate stage of public oral hearings; (v) ten cases are under investigation; and (vi) 49 cases have been shelved due to the material impossibility of identifying the perpetrators of the murders. With reference to this data, the Committee notes the Government’s indication that, in comparison with the previous year, there have been two additional convictions in 2025 and an increase in the number of cases that have progressed to the intermediary stage of investigation, which demonstrates greater dynamism in the initial procedures and, in general, in the progress achieved in the respective procedures. The Committee also notes the information provided by the Government on the security measures granted to trade unionists who are at risk, indicating that, in 2024, 163 measures were granted and between January and 15 April 2025 a total of 32 perimeter security measures were granted. The Committee notes the Government’s indication that: (i) the National Tripartite Committee on Labour Relations and Freedom of Association (CNTRLLS) has held meetings with the President of the Republic, the Minister of the Interior, the Ministry of Labour and the Supreme Court of Justice; (ii) the technical trade union working group of the Ministry of the Interior has been reactivated and has met five times, with a sixth meeting in August 2025 pending; and (iii) an awareness-raising campaign was carried out to disseminate knowledge of the 1543 emergency call line to receive and respond to reports of threats and situations of risk involving human rights defenders.

The Committee also notes the observations of PSI and its affiliates indicating that, in relation to the murders of trade union leaders, the investigations under the responsibility of the Investigation Unit for Crimes against Judicial Officials and Trade Unionists are normally ineffective as they do not deal with the complaints made, or those referred by other investigation units, and its work is not known by many trade unionists. They add that delays in judicial procedures are too long and cases are shelved because the investigations are inadequate. The Committee also notes that, at the 355th Session of the Government Body: (i) the Government reported the adoption of the Protocol on measures of prevention, protection and immediate response for human rights defenders and trade unionists; and (ii) the Workers’ Group reported the murder in September 2025 of Ms Romelia Velásquez Fúnes, leader of the Municipal Workers Union of Pueblo Nuevo.

Recognizing the efforts made by the competent authorities, the Committee nevertheless notes with deep concern the persistence of the murders of members and leaders of the trade union movement. The Committee reaffirms that the rights of workers’ and employers’ organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of these organizations, and that it is for governments to ensure respect for this principle. While welcoming the adoption of the Protocol on measures of prevention, protection and immediate response, the Committee once again urges the Government, in coordination with all the competent authorities and in close consultation with the trade union movement, to broaden its efforts to increase the effectiveness of the measures to prevent anti-union violence and for the protection of the members of the trade union movement who are at risk in order to prevent further loss of life. The Committee refers to the recommendations of the Committee on Freedom of Association in this regard (411th Report of the Committee on Freedom of Association, Case No. 2609, June 2025) and emphasizes the particular importance of identifying the specific territorial and sectoral focal points of anti-trade union violence with a view to prioritizing protection measures. The Committee requests the Government to provide detailed information in this regard.

With reference to the investigations into the numerous cases of the murder of members of the trade union movement and their results, in the same way as the Committee on Freedom of Association, the Committee of Experts, while noting one additional conviction in relation to the previous year, notes with deep concern that the majority of the murders have still not been resolved and that a significant number of judicial procedures have been shelved for lack of evidence. The Committee once again emphasizes the importance, in cases involving anti-union violence, of investigations achieving specific results with reliable findings concerning the crimes committed, the motives for the crimes and those responsible so that the corresponding sanctions can be applied and action taken to avoid their recurrence in future. In light of the above, the Committee once again urges the Government to intensify, as a matter of the utmost urgency, all necessary measures to investigate all acts of violence against trade union leaders and members with a view to determining responsibilities and punishing the perpetrators and instigators of such acts, and ensuring that the trade union activities of the victims are taken fully into consideration in the investigations. In relation to the specific action required in this regard, the Committee refers to the recommendations made by the Committee on Freedom of Association in the context of Case No. 2609 and once again requests the Government to explore the possibility of receiving the support of the Office or the technical assistance of the offices of the public prosecutors of other ILO Member States. The Committee requests the Government to continue providing all relevant information in this respect.

Articles 2 and 3 of the Convention. The Committee recalls that for many years it has been requesting the Government to take measures to:

• amend section 215(c) of the Labour Code, which requires the membership of “50 per cent plus one” of the workers in the sector to establish a sectoral trade union;
• amend 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 leader;
• amend 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;
• amend section 4(d), (e) and (g) of Decree No. 71-86, as amended by Legislative Decree No. 35-96 of 27 March 1996, which provides for the possibility of imposing compulsory arbitration in non-essential services and establishes other obstacles to the right to strike;
• amend 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
• ensure that the various categories of public sector workers (hired under item 029 and other items of the budget) enjoy the guarantees afforded by the Convention.

The Committee notes the information provided by the Government on the meetings held between December 2024 and July 2025 in the CNTRLLS and with the Labour Commission of the Congress of the Republic with a view to giving impetus to legislative initiative No. 6162, which seeks to revise several of the legislative provisions referred to above to bring them into conformity with the Convention. However, the Committee notes that: (i) it appears from the discussions at the 355th Session of the Governing Body, that legislative initiative No. 6162 was discussed by the Labour Commission of the Congress, and four of its seven provisions were rejected; and (ii) no specific information has been received on progress concerning the legislative amendments not covered by legislative initiative No. 6162. In this regard, the Committee recalls that it has emphasized on various occasions the importance of amending section 215(c) of the Labour Code, the content of which is in direct contradiction to Article 2 of the Convention and which has the effect of preventing the establishment of sectoral unions in the country. The Committee therefore urges the Government, in consultation with the social partners, to take the necessary measures so that: (i) legislative initiative No. 6162 can be re-examined in its entirety by the Congress of the Republic; and (ii) progress is made in the amendment of section 215(c) of the Labour Code and the other legislative provisions referred to above. The Committee requests the Government to provide information on any progress achieved in this respect and recalls the availability of the Office to provide the necessary technical assistance.

Registration of trade unions. In its previous comment, the Committee requested the Government to: (i) continue providing data on the registration of trade unions; (ii) resolve the legislative and institutional difficulties relating to the registration of trade unions identified by the Committee on Freedom of Association in Case No. 3042; (iii) continue referring issues relating to registration of trade unions for monitoring and regular consultation with representative national federations and tripartite dialogue; and (iv) remove the suspensive effect of administrative appeals filed by employers against the registration of trade unions.

The Committee notes the Government’s indications that: (i) in 2024, 41 unions were registered, 39 applications for registration were rejected and one registration was annulled, and in 2025, 22 applications have been received, of which ten have been rejected on the basis of non-compliance with sections 216, 218, 220, 221 and 228 of the Labour Code; (ii) the electronic application for the inscription and registration of trade unions is in its final phase of implementation; and (iii) it is not viable to remove the suspensive effect of administrative appeals filed by employers against the registration of trade unions, as it is a defensive measure set out in the legislation. The Committee also notes that, with regard to the difficulties of a legislative and institutional nature relating to the registration of trade unions, the Government refers to the meetings in the CNTRLLS to promote legislative amendments to bring the law into conformity with the Convention. The Committee also notes with interest the information contained in document GB.155/INS/10(Rev.1) and its appendices that, in order to make the registration of unions more flexible, the Government has introduced the immediate provisional registration of trade unions; and is holding round table meetings with the organizations to resolve specific problems. At the same time, the Committee notes that: (i) despite the progress made in recent years, the number of rejected applications for registration continues to be high; (ii) no significant progress has been reported in the removal of the difficulties of a legislative and institutional nature identified by the Committee on Freedom of Association in the context of Case No. 3042; and (iii) the suspensive effect of administrative appeals lodged by employers against the registration of trade unions has been maintained. In this respect, the Committee recalls the importance, without prejudice to compliance with the requirements set out by law, of removing any obstacles which may affect the rapidity of the registration process and prevent the development of trade union functions. In light of the above, the Committee requests the Government to continue ensuring that issues relating to the registration of trade unions are monitored regularly and submitted for consultation with the representative national federations and addressed in tripartite dialogue in the CNTRLLS. The Committee also requests the Government to reinforce the necessary measures, in consultation with the social partners, to: (i) resolve the legislative and institutional difficulties identified by the Committee on Freedom of Association in Case No. 3042; and (ii) remove the suspensive effect of administrative appeals filed by employers against trade union registration. The Committee requests the Government to provide information in this regard and to continue providing data on the number of trade union registrations requested and granted.

Awareness-raising campaign on freedom of association. The Committee notes the information provided by the Government on the number of people reached by the awareness-raising campaigns on freedom of association and collective bargaining undertaken through the social networks of the Ministry of Labour and Social Welfare. The Committee once again welcomes these initiatives and requests the Government to: (i) intensify the dissemination of information regarding the above campaign; and (ii) take measures to ensure that the campaign reaches sectors with the lowest trade union membership rates in the country, such as the agricultural and rural sector, and the maquila sector, and to provide information on the action taken to that end.

Taking due note of the initiatives that are being undertaken, the Committee urges the Government, with the involvement of all the State authorities, the participation of the CNTRLLS and ILO technical assistance, to continue intensifying its efforts to overcome the persistent legislative and practical difficulties examined in the present comment, and expects to be able to note substantial progress in the near future.

The Committee is raising other matters in a request addressed directly to the Government.