Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information supplied by a Government representative to the Conference Committee in 1999 and the discussion which took place subsequently. The Committee also notes that, according to the information of the Government, the ILO has provided it with a draft to address the comments of the Committee, and the tripartite committee concerning international labour issues is preparing draft reforms by consensus to put before Congress. In this context, the Committee reiterates its earlier comments which refer to the following questions:

-- the strict supervision of trade union activities by the Government (section 211(a) and (b) of the Labour Code);

-- the requirement of being Guatemalan to establish a provisional trade union executive committee or to be elected as a trade union officer; to be an active worker at the time of election; and that there are at least three members of the executive committee able to read and write (sections 220(d) and 223(b));

-- the requirement for the members of the provisional trade union executive committee to make a sworn statement that they have no criminal record and that they are active workers in the enterprise (section 220(d));

-- the obligation to obtain a two-thirds majority of the workers of the enterprise or workplace (section 241(c)) and of the members of a trade union (section 222(f) and (m)) to be able to call a strike;

-- the prohibition of a strike or suspension of work by agricultural workers during the harvests, with a few exceptions (sections 243(a) and 249) and of workers of enterprises or services whose interruption would, in the Government's opinion, seriously affect the national economy (sections 243(d) and 249);

-- the possibility of calling on the national police to ensure continuity of work, in the event of an unlawful strike (section 255) and the detention and trial of persons who try to publicly call an illegal strike or suspension of work (section 257);

-- the imposition of a prison sentence ranging from one to five years for persons who carry out acts intended to paralyse or disrupt the functioning of enterprises which contribute to the economic development of the country with a view to jeopardizing national production (section 390(2) of the Penal Code);

-- the imposition of compulsory arbitration without the possibility of having recourse to strike action in public services which are not essential services in the strict sense of the term, in particular public transport and services related to the supply of fuel and the prohibition of solidarity strikes (section 4(d), (e) and (g) of Decree No. 71-86, amended by Legislative Decree No. 35-96 of 27 May 1996).

The Committee expresses the firm hope that the Government will, as soon as possible, take the measures necessary to bring the legislation into full conformity with the provisions of the Convention, and requests it to provide information in its next report on all measures adopted in this regard.