Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Guatemala (Ratification: 1989)

1. New rules for effective consultation. In its observation in 2004, in which the Committee expressed interest in the adoption of new rules for the operation of the Tripartite Committee for International Labour Affairs, it also requested the Government to provide information on the progress achieved in holding effective consultations on the matters covered by the Convention. The Committee notes the Government’s detailed report, received in September 2005, to which it attached copies of the correspondence exchanged with the social partners on the matters covered by the Convention. The Committee also notes with interest the content of the detailed minutes and of the activities reports of the Tripartite Committee, with around 30 meetings being held between July 2004 and June 2005. Seven organizations represent workers and one employers’ organization with seven members composing the representation of employers on the Tripartite Committee. The Committee hopes that detailed information will continue to be provided in future reports on the progress achieved by the Government and the social partners in continuing to hold effective tripartite consultations, and particularly on the work of the Tripartite Committee for International Labour Affairs in relation to the matters covered by the Convention (Articles 2 and 5 of the Convention).

2. Strengthening tripartism and social dialogue. The Committee once again notes that, in Case No. 2295, a number of issues have been raised in the Committee on Freedom of Association concerning the operation of the Tripartite Committee (the rights of titular and substitute members of the Tripartite Committee, the lack of assistance for trade union representatives at the meetings, the legitimacy of the composition of the Tripartite Committee). Furthermore, the Conference Committee, when discussing the application of the Freedom of Association and Protection of the Right to Organise Convention, 1949 (No. 98), invited the Government to develop full social dialogue. The Committee hopes that the Government will indicate in its next report the manner in which the consultations covered by the Convention have enabled the Government and the social partners to maintain and strengthen tripartism and social dialogue.