Solicitud directa (CEACR) - Adopción: 1998, Publicación: 87ª reunión CIT (1999)

1. Article 2, paragraph 1, of the Convention. The Committee has noted the provisions of the Constitution concerning freedom and equality and freedom of action and section 2 of Government Accord No. 828-84 which categorically prohibits acts of any nature whatsoever aimed at imposing the exaction of forced labour, as set forth in the Abolition of Forced Labour Convention, 1957 (No. 105). The Committee had also noted that none of the provisions defines forced labour in the terms of this Convention and, therefore, again requests the Government to contemplate adopting a provision which contains the "general prohibition of forced labour" together with a definition in line with that of the Convention.

2. Conscription by the army. The Committee has noted the information in respect of conscription of civilians by the army. The Committee also notes the information contained in the Government's report to the effect that national legislation clearly lays down that no other form of compulsory service other than that included in the Convention may be exacted by the army. The Committee recalls that a peace treaty has been established in Guatemala and requests the Government to inform it whether national military service for young people of a certain age is compulsory and the conditions under which it is carried out.

3. Article 2, paragraph 2(a). The Committee has previously noted the Act constituting the Army of Guatemala (Decree No. 62-90 of 10 January 1991). The Committee again requests the Government to transmit a copy of the texts of the Acts and Regulations relative to conscription, in particular, the texts which refer to duties assigned to new recruits and any other legislation which has been adopted in this respect.

4. Article 2, paragraph 2(b). The Committee has previously noted that article 135(c) of the National Constitution lays down that it is the right and duty of Guatemalan nationals "to work for the civic, cultural, moral, economic and social development of Guatemalan citizens". The Committee again requests the Government to provide information in respect of the practical application of this provision as well as the texts of laws and regulations adopted in this respect, in particular, as regards social services.

5. Article 2, paragraph 2(c). The Committee has previously noted that section 47 of the Penal Code lays down that prison labour is compulsory and that section 48 does not exonerate persons awaiting trial from prison labour. The Committee had referred to the explanations contained in paragraph 90 of the General Survey on the abolition of forced labour of 1979 and had recalled that the Convention stipulates that work can only be exacted from a prisoner as a consequence of a conviction and that persons who are in detention but have not been convicted should work on a purely voluntary basis, if they so desire. The Committee again requests the Government to inform it of any measures which have been adopted or envisaged to ensure observance of the Convention with regard to this point and to communicate a copy of the prison legislation in force. The Committee also requests the Government to state which authorities are empowered to impose prison sentences as laid down in section 45 of the Penal Code.

6. Article 2, paragraph 2(d). The Committee has previously noted that under section 13 of the Public Order Act of 1965 respecting a state of emergency, the Executive Power may order the services or assistance of persons, regardless of privilege or status, to maintain the smooth functioning of the public utility services or whose service or assistance is deemed necessary. The Committee also requests the Government to provide information in respect of the practical application of this provision and the Regulations which have been adopted in this respect. In addition to which, the Committee also requests the Government to indicate the circumstances in which effect has been given to section 15 of the Public Order Act which empowers the President of the Republic to restrict freedom of movement and requires individuals to provide such assistance and cooperation as may be necessary to ensure more effective control of the areas affected in the event of a public disaster.

7. Article 2, paragraph 2(e). The Committee has noted the Government's statement in its report to the effect that certain jobs are for the good of the Community, namely sewage works, drainage and cleaning, and are performed by members of certain communities in cooperation with the local authorities within the framework of the "Food for Work" programme. The Committee requests the Government to provide information in respect of the "Food for Work" programme which is under way and, in particular, the number of persons involved, the type of work being carried out and the guarantees provided to ensure that participation in this work is voluntary.