Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Abolition of Forced Labour Convention, 1957 (No. 105) - Guatemala (Ratification: 1959)

Article 1 (a), (c) and (d) of the Convention. Sentences of imprisonment involving compulsory labour imposed for the expression of political opinions, participation in strikes and as a means of labour discipline. For many years, the Committee has been drawing the Government’s attention to certain provisions of the Penal Code which may have an impact on the application of the Convention, and particularly Article 1(a), (c) and (d). The Committee noted that, under section 47 of the Penal Code, sentences of imprisonment involving compulsory labour can be imposed as a punishment for the expression of certain political opinions, as a means of labour discipline or for participation in a strike, under the terms of the following provisions:

-  section 396 of the Penal Code: Any person who seeks to organize or operate associations which act in collaboration with, or in obedience to, international bodies propounding the communist ideology or any other totalitarian system, or that are intended to commit offences, or who participates in such associations, shall be punished by imprisonment of from two to six years;

-  section 419: Any public servant or employee who fails or refuses to carry out, or delays carrying out, any act corresponding to his function or responsibility, shall be punished with imprisonment of from one to three years;

-  section 390(2): Persons who commit acts intended to paralyse or perturb enterprises which contribute to the economic development of the country shall be punished with imprisonment of from one to five years;

-  section 430: Public servants, public employees and other employees or members of the staff of a public service enterprise who collectively abandon their jobs, work or service, shall be punished with imprisonment of from six months to two years. If such a stoppage prejudices the public interest or, in the case of leaders, promoters or organizers of the collective stoppage, those responsible shall be liable to double the penalty.

The Committee notes the Government’s indication that these provisions are still in force but are not applied in practice. The Committee hopes that the Government will take the necessary measures to bring the legislation into conformity with the practice that already exists according to the Government, thereby ensuring compliance with the Convention.