Observation (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Convention (n° 141) sur les organisations de travailleurs ruraux, 1975 - Guatemala (Ratification: 1989)

Article 3 of the Convention. Right of all rural workers to establish organizations of their own choosing without previous authorization. In its previous comment, noting that the law of Guatemala requires a minimum number of 20 workers to form a union, that small enterprises account for a large majority of companies in the rural sector, and that there are only nine workers’ organizations that have currently valid legal personalities, the Committee urged 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 (which requires a membership of “50 per cent plus one” of the workers in a sector to establish a sectoral trade union), to facilitate and extend the possibilities for the establishment of unions that cover workers in several enterprises in the rural sector. The Committee notes that the Government indicates that the Subcommittee on Legislation and Labour Policy of the National Tripartite Committee on Labour Relations and Freedom of Association (CNTRLLS) has requested ILO technical assistance to facilitate tripartite discussion on this matter. With reference to its comments made in respect of the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87), the Committee again urges the Government, after consultation with the social partners, to take the necessary measures to amend section 215(c) of the Labour Code to facilitate and extend the possibilities for the establishment of unions that cover workers in several enterprises in the rural sector. The Committee hopes that the ILO technical assistance mentioned by the Government will enable it to report on tangible progress in the near future. The Committee also requests the Government to provide up-to-date statistics on workers’ organizations with valid legal personality in the country.

In response to serious allegations of anti-union practices in the agricultural sector, the Committee also requested the Government to provide fuller information on the action and interventions of the General Labour Inspectorate (IGT) in respect of freedom of association in the rural sector. The Committee notes the statistics communicated by the Government regarding the IGT activities in 18 of the country’s departments between 1 January 2021 and 17 May 2024, according to which 432 complaints were received and a total of 68 penalties were imposed. The Government also indicates that 3,180 trade union leaders are registered at the Ministry of Labour and are benefitting from employment security. While noting the data provided by the Government, the Committee recalls that in conformity with Article 2 of the Convention, the term rural workers means any person engaged in agriculture, handicrafts or a related occupation in a rural area. The Committee observes that the information provided by the Government appears instead to cover all workers and economic activities in the 18 departments mentioned above, and not solely the rural workers as specifically defined by the Convention. In its previous comment, having observed that the IGT had clearly identified the substantial challenges to the protection of the exercise of trade union rights in the rural sector (seasonality of work and contracts, linguistic barriers with indigenous workers, difficulties of access to certain enterprises, weak trade union organization in the sector), the Committee requested the Government to report on action taken to assess measures and tools to reinforce the effectiveness of action by the IGT and other relevant public authorities to prevent and resolve situations of anti-union discrimination in the rural sector. The Committee regrets the absence of information from the Government in this respect. In light of the above, the Committee reiterates its request to the Government to provide specific data on the actions and interventions of the IGT in relation to freedom of association of rural workers as defined under Article 2 of the Convention (indicating 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, 1948 (No. 98), the Labour Inspection (Agriculture) Convention, 1969 (No. 129), and the Plantations Convention, 1958 (No. 110), the Committee once again requests the Government to proceed to an assessment of measures and tools to reinforce the effectiveness of action by the IGT and the other relevant public authorities to prevent and resolve situations of anti-union discrimination in the rural sector.

Articles 4–6. Promotion of organizations of rural workers and their role in economic and social development. In its earlier comments, the Committee requested 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; and (iv) 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 Committee notes that the Government again recalls that, with ILO support, the Campaign on Decent Work in the Agricultural Sector was launched in 2021 through digital media, and in 2023 and 2024 publications on freedom of association appeared in the national press. With regard to the collective agreements covering rural workers, the Committee notes that although the Government refers to eight collective agreements, it appears that these mostly do not correspond to the scope of application of the Convention, as they are agreements directed at public municipality employees, and moreover none of them is in force. Regarding measures and action to promote dialogue with associations of rural workers, including associations of self-employed workers and small producers, the Committee notes the Government’s indication that: (i) the National Agricultural Development Council (CONADEA) of the Ministry of Agriculture, Livestock and Food (MAGA) has created a space for dialogue, consultation, coordination, exchange of information and for bringing together the MAGA and the sectors connected to agricultural activity and the working groups of 18 agricultural chains, with a view to reactivating and modernizing agriculture, as well as reactivating and modernizing the livestock, forestry and hydrological agricultural sub-sectors; and (ii) the MAGA collaborates regularly with around 30 rural organizations (list appended) on the implementation of programmes and projects, to ensure inclusion of the organizations and that they are taken into account in the design, discussion, follow-up and evaluation of policies that contribute to the well-being of the rural population. While taking due note of the information provided and observing with concern the absence of information from the Government on any collective agreement in force that covers rural workers, the Committee requests the Government to: (i) reinforce information activities on, and the promotion of, freedom of association and collective bargaining through initiatives targeting rural workers, ensuring their divulgation through the media most used in those areas and in the most spoken languages of the regions; (ii) compile the information available on the collective agreements in force that cover rural workers, as defined in Article 2 of the Convention; and (iii) continue providing details of the dialogue with associations of rural workers, including self-employed workers and small producers, in the mechanisms for the adoption of public decisions that affect them. Finally, observing that no information has been provided in this regard, the Committee again requests the Government to provide detailed information on solidarist associations in the rural sector, and on the content of their activities.

[The Government is asked to reply in full to the present comments in 2025].