Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Forced Labour Convention, 1930 (No. 29) - Guatemala (Ratification: 1989)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes the detailed information provided by the Government in its report on the measures taken by the various institutions responsible for the public policy against trafficking in persons and for the comprehensive protection of victims (2014–24) and the anti-trafficking action plan, which demonstrate the ongoing commitment of the Government to combat this form of forced labour. The Committee requests the Government to continue its efforts in this regard and to provide information on the implementation of the public policy, the results achieved, the difficulties encountered and the measures taken to overcome them, and also any evaluation carried out in this regard.

1. Prevention. The Committee notes the Government’s indication that activities have been carried out specifically for persons in situations of vulnerability. Accordingly, the State Secretariat against Sexual Violence, Exploitation and Trafficking in Persons (SVET) has strengthened partnerships with departmental governors, municipal mayors and community leaders, including indigenous authorities; the roundtable for the prevention of sexual violence, exploitation and trafficking affecting indigenous peoples has been established; and mobile units for the prevention of trafficking in persons have been set up in remote geographical areas with the largest numbers of migrants, returnee migrants, asylum-seekers and refugees. The Committee also notes that the Act against sexual violence, exploitation and trafficking in persons has been translated into 17 Mayan languages and printed in braille for persons with visual disabilities; information material has been published on this subject in Mayan and Garífuna languages; prevention messages have been recorded in sign language; and mass information campaigns have been launched to promote reporting of the crime of trafficking. A total of 14,825 public officials from various institutions were trained on trafficking issues between 2019 and April 2022. The Committee welcomes the Government’s efforts to prevent trafficking in persons among groups in situations of particular vulnerability, including indigenous persons and persons with disabilities, and requests the Government to continue providing information in this regard. The Committee also requests the Government to provide information on the activities of the roundtable for the prevention of sexual violence, exploitation and trafficking affecting indigenous peoples.

2. Effective application of the law. The Committee notes the Government’s indication that, with regard to trafficking in persons, in 2019 a total of 340 complaints were registered and 23 convictions were handed down; in 2020, there were 308 complaints registered and nine judgments were handed down (four convictions and five acquittals); and in 2021, a total of 260 complaints were registered and 16 judgments were handed down (15 convictions and one acquittal). The Committee also notes the establishment of the regional network of specialist prosecutors against trafficking in persons in the region of Central America, Panama and the Dominican Republic to promote collaboration and cooperation among the countries with regard to the investigation and criminal prosecution of traffickers. Furthermore, the Committee notes that the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, in its concluding observations of 2019, expressed concern at reports that Guatemalan migrant workers and/or members of their families travelling along the migratory route towards the north have been the victims of forced recruitment at the hands of organized crime groups, and also noted the lack of information from the Government on these incidents (CMW/C/GTM/CO/2, paragraph 28). The Committee requests the Government to continue providing information on the investigations and proceedings initiated in detected cases of trafficking for sexual and labour exploitation, and also on the judgments handed down and convictions imposed on the perpetrators. The Committee also requests the Government to provide information on investigations conducted into possible cases of forced recruitment of migrants at the northern border by criminal organizations. Lastly, the Committee requests the Government to provide information on the outcome of the collaboration regarding the investigation and criminal prosecution of traffickers in the context of the regional network of specialist prosecutors against trafficking in persons in the region of central America, Panama and the Dominican Republic.

3. Protection of victims. The Committee notes the Government’s indication that the SVET reported a total of 1,808 victims of sexual violence, exploitation and trafficking in persons between 2019 and 2021, most of whom were children and young persons. A total of 1,302 victims were cared for in specialized shelters between 2018 and April 2022. The Government indicates that the sheltered victims receive legal, psychosocial and healthcare assistance. The Committee requests the Government to continue providing information on the measures taken to protect and rehabilitate the victims of trafficking in persons with a view to ensuring that they are not exposed to further victimization, indicating how many of them have been rehabilitated and, if applicable, repatriated to their countries of origin.

Articles 1(1) and 2(1). Obligation to work overtime under threat of a penalty. Plantations. With regard to its previous comments on situations in which workers on plantations are reportedly obliged to work overtime, the Committee notes the Government’s detailed information on inspections conducted by the labour inspectorate to verify compliance with labour obligations by agricultural undertakings in Chimaltenango, Quetzaltenango, San Marcos and Suchitepéquez. Routine inspections were also carried out in the sugar cane, coffee and broccoli sectors in agriculture in a number of departments. Most inspections found that undertakings comply with their labour obligations. The Government also indicates that the decent work campaign for the agricultural sector was launched in 2021 through digital media, as a strategy for disseminating messages and raising the awareness of employers regarding fair employment, in which workers should be remunerated for their effort and their work, with observance of working hours.

Article 2(2)(a). Civic service. The Committee notes that, according to a government press release of 22 July 2022, some 4,000 young persons participate in the military and social forms of civic service, contributing to various programmes directed by government institutions. In this regard, the Committee observes that, under section 3 of the Civic Service Act of 2003, civic service includes military service and social service. Under section 14 of the Act, enlistment for civic service occurs through voluntary attendance, after or without being summoned, or through nomination by public lottery. The public lottery shall include citizens who do not put themselves forward voluntarily and its result shall be final, determining the type of civic service to be performed by the person concerned (section 19). The Committee recalls that compulsory social service does not come under the five exceptions to forced labour provided for in Article 2(2) of the Convention, which include work of a purely military character exacted as part of compulsory military service. Consequently, in order not to be considered as forced labour within the meaning of the Convention, social service must be of a voluntary nature. The Committee requests the Government to indicate whether enlistment for civic service has been conducted by lotteryin practice. If so, the Committee requests the Government to clarify for which type of civic service (social or military) the persons enlisted by lottery have been designated.

Article 2(2)(c). Prison labour. The Committee recalls that, under section 67 of the 2006 Prisons Act, prisoners shall be able to perform work outside the prison in public or private entities. The Committee requested the Government to provide information on the manner in which prisoners give their free and informed consent to work for private enterprises. In this regard, the Government indicates that there are currently no prisoners working for private enterprises. Given that sections 4 and 17 of the Prisons Act (read together) provide that persons held in pre-trial detention shall be under the obligation to work, the Committee requests the Government to clarify whether persons held in pre-trial detention are obliged in practice to perform work inside or outside the prison.