Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Minimum Age (Fishermen) Convention, 1959 (No. 112) - Guatemala (Ratification: 1961)

The Committee notes with interest the information supplied by the Government in its report and, in particular, the fact that Government Decree No. 14-73 of 12 April 1973 applying the provisions of the Convention is still in force. The Committee also notes that, according to the Government, workers employed by companies having Guatemalan capital are of age.

Part V of the report form. The Committee again requests the Government to supply information on the practical application of the Convention (extracts from official reports of the inspection services and, if possible, statistics on the number and nature of the contraventions reported, etc.).

The Committee takes this opportunity to draw the Government’s attention to the decision taken by the Governing Body regarding the Convention subsequent to its examination by the Working Party on Policy regarding the Revision of Standards (document GB.279/LILS/3(Rev.1) of November 2000).

The Governing Body decided to invite States parties to Convention No. 112 to contemplate ratifying the Minimum Age Convention, 1973 (No. 138). The ratification of Convention No. 138 by a State party to Convention No. 112 results in the immediate denunciation of the latter if the State accepts the obligations of Convention No. 138 for maritime fishing and either specifies, in conformity with Article 2 of Convention No. 138, a minimum age of not less than 15 years, or stipulates that Article 3 (fixing a higher minimum age for admission to hazardous work) of Convention No. 138 applies to maritime fishing.

Guatemala ratified Convention No. 138 on 27 April 1990. It specified 14 years as the minimum age for admission to employment or work and has not declared that Article 3 of Convention No. 138 applies to maritime fishing. Consequently, the ratification of Convention No. 138 by Guatemala has not resulted in the denunciation of Convention No. 112.

The Governing Body also invited States parties to Convention No. 112 to take into consideration the conclusions of the Tripartite Meeting on Safety and Health in the Fishing Industry (Geneva, 13-17 December 1999), in consultation with the employers’ and workers’ organizations concerned. The conclusions stated that the minimum age for admission to employment and work in the maritime fishing industry should in no case be lower than 16 years and that the activity should be considered a hazardous occupation within the meaning of Article 3 of Convention No. 138.

The Committee requests the Government to indicate the measures taken or envisaged to apply the decisions of the Governing Body. It draws the Government’s attention to the fact that making a formal declaration that Article 3 of Convention No. 138 applies to the maritime fishing industry would result in the denunciation with immediate effect of Convention No. 112.