Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

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

The Committee notes the observations of the Confederation of United Unions of Guatemala (CUSG) on restrictions to the right to strike of state workers since the approval of legislative Decree No. 35-96 of 27 May 1996 which amends Decree No. 71-86 on freedom of association and regulation of striking by state workers.

In this respect, the Committee notes that amended section 4(e) provides for compulsory arbitration without the possibility of resorting to strike action in the public services such as airline services, public transport and services related to combustibles (d), which are not essential within the strict meaning as defined by the ILO supervisory bodies.

The Committee recalls that the right to strike may be restricted or even prohibited in essential services the interruption of which would endanger the life, personal safety or health of the whole or part of the population (see General Survey on freedom of association and collective bargaining, 1994, paragraph 159).

The Committee hopes that the Government will adopt appropriate measures so that workers and their organizations in services which are not essential within the strict meaning cited above will be able to exercise the right to strike if they so wish.