Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

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

Article 1(a), (c) and (d) of the Convention. Sanctions for expressing political views, for breaches of labour discipline or participation in strikes. In earlier comments the Committee noted the Government’s statement that some provisions of the Penal Code that may affect application of the Convention, particularly Article 1(a), (c) and (d), are still in force but are not applied. The provisions in question are the following: “Any person who seeks to organize or operate, or who participates in, associations which act in collaboration with, or in obedience to, international bodies that promote communist ideology or advocate any other totalitarian system, or associations whose purposes offend against the law, shall be punished by imprisonment of from two to six years” (section 396); “Any public servant or employee who fails or refuses to carry out, or delays carrying out, any duty pertaining to his position or office, shall be punished with imprisonment of from one to three years” (section 419); “Anyone committing an act intended to paralyze or disrupt an enterprise that contributes to the economic development of the country shall be punished with imprisonment of from one to five years” (section 390(2)); and “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. The penalty shall be doubled where such stoppage harms the public interest and in the case of leaders, promoters or organizes of a collective stoppage” (section 430). The Committee has noted that under section 47 of the Penal Code, labour is compulsory for prisoners.

The Committee has pointed out time and again in its comments that, in breach of the Convention, these provisions allow the imposition of prison sentences involving compulsory labour as a punishment for the expression of certain political opinions, as a means of labour discipline or for participation in a strike, and has requested the Government to repeal them. With regard to participation in strikes by public servants and employees of public services deemed to be essential, the Committee refers the Government to its comments on the application of Convention No. 87 in which it also asks the Government to repeal the provisions in question. The Committee hopes that the Government will take the necessary steps to align the legislation with the practice, which, according to the Government, already exists, and to ensure observance of the Convention.