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

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

Articles 2-5 of the Convention. Effective tripartite consultations. The Committee notes with interest the detailed information provided by the Government in its report on the holding of tripartite consultations between September 2018 and August 2021 on each of the matters relating to international labour standards required by the Convention. The matters addressed include the submission of the Violence and Harassment Convention, 2019 (No. 190), and its accompanying Recommendation No. 206. The Government reiterates that, in 2018, the National Tripartite Committee on Labour Relations and Freedom of Association (CNTRLLS) assumed the functions of the former Tripartite Committee on International Labour Affairs. In addition to these functions, under section 2 of Ministerial Decision No. 45-2018, the CNTRLLS is also tasked with putting forward tripartite legislative proposals on labour matters to be submitted to the National Congress, and also with providing guidance on the action needed to implement the key indicators of the road map and timeline relating to the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and with resolving any disputes arising in its implementation. With regard to developments regarding the possible ratification of the Domestic Workers Convention, 2011 (No. 189), the Government indicates that proposal No. 4981, whereby the ratification of this Convention is planned, is awaiting adoption by the National Congress. The Government also reports on the measures adopted since 2011 by the National Office for Women (ONAM), in collaboration with other domestic workers’ institutions and organizations in the country, to promote the ratification of Convention No. 189. Lastly, the Committee notes the information provided by the Government on the tripartite consultations held in the context of the CNTRLLS regarding, inter alia, the development of the ILO technical assistance and cooperation programme as well as the proposed amendments to the Labour Code and other relevant laws in compliance with the requests of the ILO supervisory bodies in the context of the examination of the complaint made in 2012 under article 26 of the ILO Constitution concerning non-observance of Convention No. 87. The Committee requests the Government to continue providing detailed, up-to-date information on the consultations held on each of the matters relating to international labour standards covered by Article 5(1)(a)–(e) of the Convention. The Committee also requests the Government to continue providing information on any developments in the possible ratification of Convention No. 189.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 2 and 5 of the Convention. Effective tripartite consultations. In reply to its previous comments, the Committee notes the detailed information provided by the Government in its report on the holding of tripartite consultations between 2015 and August 2018 in the Tripartite Committee on International Labour Affairs on each of the subjects relating to international labour standards required by the Convention. The subjects covered during the consultations included the examination of the possible ratification of the Domestic Workers Convention, 2011 (No. 189), and the Part-Time Work Convention, 1994 (No. 175). In this regard, the Committee notes with interest that the ratification of Convention No. 175 was registered on 28 February 2017. The Government also reports the holding of tripartite consultations on: ILO technical cooperation activities, the resolutions and conclusions of ILO supervisory bodies and the promotion of greater knowledge of ILO activities, in accordance with Paragraph 6 of Recommendation No. 152. Finally, the Committee notes the reference by the Government to the establishment of the Tripartite Labour Relations and Freedom of Association Commission under the terms of Ministerial Decision No. 45-2018 of the Ministry of Labour and Social Welfare, in accordance with the requests of the ILO supervisory bodies in the context of the examination of the complaint made in 2012 under article 26 of the ILO Constitution concerning non-compliance with the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). The Committee requests the Government to continue providing detailed and updated information on the consultations held on each of the subjects relating to international labour standards covered by Article 5(1)(a)–(e) of the Convention. The Committee also requests the Government to keep it informed of any developments in the possible ratification of Convention No. 189.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Articles 2 and 5 of the Convention. Effective tripartite consultations. The Committee notes that in reply to its request in the previous comments to further expand the tripartite consultations required by the Convention, the Government indicates in its report that in October 2014, the Ministry of Labour and Social Welfare published in the press and on its website an invitation to legally constituted employers’ and workers’ organizations and the most representative industrial, agricultural, commercial and financial entities to nominate candidates for election to the Tripartite Committee on International Labour Affairs for the period 2014–16. According to the Government, in 2013 the Tripartite Committee held 34 meetings and in 2014 a total of 21 meetings. Between January and August 2015 the Tripartite Committee held eight meetings. Among other activities relating to the International Labour Organization, the Tripartite Committee had the opportunity in 2013 to examine draft amendments to the Labour Code and other relevant laws that the ILO’s supervisory bodies had requested. In 2014, the Tripartite Committee examined the proposal to ratify the Domestic Workers Convention, 2011 (No. 189), and the labour-related aspects of the trade agreements with the United States. The Committee requests the Government to continue to provide information on the tripartite consultations held in the Tripartite Committee on International Labour Affairs and on other initiatives taken to hold the consultations on international labour standards required by the Convention.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 2 and 5 of the Convention. Effective tripartite consultations. In its observation of 2012, the Committee noted the concerns expressed by the Trade Union Confederation of Guatemala (UNSITRAGUA), together with the General Confederation of Workers of Guatemala (CGTG) and the Trade Unions’ Unity of Guatemala (CUSG), and also by the Indigenous and Rural Workers Trade Union Movement of Guatemala (MSICG), about the development of social dialogue and the effectiveness of the consultations held in the Tripartite Commission on International Labour Affairs. The MSICG reiterated its observations in a communication sent to the Government in September 2013. In a report received in August 2013, the Government refers to the establishment of the Economic and Social Council of Guatemala and the meetings of the Tripartite Commission on International Labour Affairs (including a joint subcommittee of the Economic and Social Council and the National Tripartite Commission). Moreover, the Government indicates that, in the context of the Memorandum of Understanding concerning Freedom of Association signed in March 2013, the activities of the National Tripartite Commission have been strengthened, giving some momentum to social dialogue. Among the new topics contained in a programme agreed upon by the social partners, discussions will be held on the social aspects of the trade agreements with the United States, the legislation on investment and employment, the Indigenous and Tribal Peoples Convention, 1989 (No. 169), and social security. The Committee notes the tripartite meetings held in connection with the Domestic Workers Convention, 2011 (No. 189), and the corresponding Recommendation, 2011 (No. 201). The Committee expresses the hope that new prospects will emerge to continue to bring the social partners closer together and further expanding the tripartite consultations required by the Convention. The Committee invites the Government to provide detailed information in its next report on the activities of the Tripartite Commission on International Labour Affairs and on the other initiatives taken to strengthen consultations on international labour standards, as required by the Convention.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 2 and 5 of the Convention. Effective tripartite consultations. As in its 2011 direct request, the Committee notes the extensive documentation regarding the representatives appointed to the Tripartite Committee for International Labour Affairs sent by the Government in a report received in September 2012. Under one of the items addressed by the Tripartite Committee in May 2012, proposals were made by the three sectors for setting up a Decent Work Programme in Guatemala. The Government also provides the convening letters, attendance lists and minutes of the meetings held between August 2011 and July 2012. The Committee invites the Government to continue to send detailed information on the tripartite consultations held on the subjects relating to international labour standards covered by the Convention.

Observations on the application of the Convention. The Trade Union Confederation of Guatemala (UNSITRAGUA), together with the Confederation of Workers of Guatemala (CGTG) and the Trade Union Confederation of Guatemala (CUSG) sent a communication to the Government in September 2012 expressing reservations about the development of social dialogue and the effectiveness of the consultations held in the Tripartite Committee. The Indigenous and Rural Workers Trade Union Movement of Guatemala (MSICG), in a communication sent to the Government in September 2012, asserted breach of the Convention in connection with the transmission of reports by the Government and a policy to create forums for social dialogue. The MSICG refers specifically to the adoption in January 2012 of the Act on the Organization of the Economic and Social Council. The Committee requests the Government to send its comments on the abovementioned observations.

[The Government is asked to reply in detail to the present comments in 2013.]

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 2 and 5 of the Convention. Effective tripartite consultations. The Committee notes the Government’s report for the period ending September 2011. The Government once again provides extensive documentation on the communications, attendance lists and minutes of the meetings held by the social partners in the Tripartite Committee for International Labour Affairs. The Committee invites the Government to continue providing detailed information on the tripartite consultations held on matters relating to international labour standards covered by the Convention.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Articles 2 and 5 of the Convention. Effective tripartite consultations. The Government indicates in its report received in August 2009 that the Tripartite Committee for International Labour Affairs has been meeting in a warm and respectful atmosphere. The Government points out that this Committee has been an extremely useful forum for dialogue working on matters of the utmost importance. The Government encloses with its report copies of the communications, attendance lists and minutes of the meetings held between August 2007 and August 2009, which record the opinions exchanged by the social partners. Technical assistance from the ILO was sought on various occasions, in particular with regard to the prospects for the ratification of the Part-Time Work Convention, 1994 (No. 175). The Government indicates that the Tripartite Committee’s aim is drafting a specific law governing part-time work, which would provide legal certainty for part-time work, without ratifying Convention No. 175. The possibility of denouncing the Night Work (Women) Convention (Revised), 1948 (No. 89), and ratifying the Night Work Convention, 1990 (No. 171), is also being discussed. Furthermore, the Government provides information on the current tripartite discussions in the Tripartite Committee on a new legal regime for the imposition of penalties by the General Labour Inspectorate. The Tripartite Committee met with the ILO high-level tripartite mission that visited Guatemala in February 2009. However, the Indigenous and Rural Workers Trade Union Movement of Guatemala indicated that it had not received the reports due in 2009 on which it wished to comment. The Committee reiterates its observation of 2008 in which it pointed out that the consultations covered by the Convention will enable the Government and social partners to maintain and strengthen tripartism and social dialogue. The Committee requests the Government to continue providing information on the tripartite consultations held on the matters related to international labour standards covered by the Convention.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 2 and 5 of the Convention. Effective tripartite consultations. In its observation of 2006, the Committee expressed the hope that it would receive detailed information on the progress made by the Government and social partners to ensure effective tripartite consultations. The Committee also requested information on the work of the Tripartite Committee for International Labour Affairs in relation to the matters covered by the Convention. In the report received in August 2007, the Government attached a copy of all the correspondence exchanged with the social partners, as well as the notifications and records of proceedings signed by the representatives of the three sectors in 2005, 2006 and 2007. Also attached was a report on the possible ratification or denunciation of certain international labour Conventions. The Committee notes with interest that there has been a tripartite examination of the ratification prospects for updated and recent Conventions – and a number of Conventions are already the subject of a specific legislative initiative for their ratification (for example, Conventions Nos 175, 183 and 184). Procedures were also set in motion for the denunciation of Conventions Nos 58 and 112. The Government also attached a report on achievements and matters pending for the 2004–07 period, strengthening the Government’s position that the Tripartite Committee for International Labour Affairs has fulfilled its mandate as contained in Convention No. 144. Progress has not been made on all subjects but the tripartite dialogue is open.

The Committee notes the observations from the Union Movement, Guatemalan Indigenous and Agricultural Workers for the Defence of Workers’ Rights, which were sent to the Government in September 2007. These observations contain the claim that the ratification of the Part-Time Work Convention, 1994 (No. 175), would lead to greater insecurity with regard to employment. In the Tripartite Committee, the workers’ organizations issued a negative opinion in relation to its possible ratification. However, the Government and the employers’ organization expressed their interest in ratification being approved. In addition, the trade union refers to a possible contradiction between Convention No. 144 and Government Agreement No. 285-2004, whereby new rules for the functioning of the Tripartite Committee for International Labour Affairs were established. The Government Agreement was examined by the Committee of Experts in its previous comments, particularly in its observation of 2004. Taking into account the continuing difficulties in the national context for consolidating a constructive social dialogue, the Committee very much hopes that the consultations covered by the Convention will enable the Government and social partners to maintain and reinforce tripartism and social dialogue. In order to be able to examine the practical application of Convention No. 144, the Committee requests the Government to supply a report containing information on the tripartite consultations held on all the matters relating to international labour standards covered by the Convention. It also requests the Government to continue supplying information on the meetings of the Tripartite Committee for International Labour Affairs and on all the recommendations made on international labour standards issues covered by the Convention.

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

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.

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

1. Follow-up of a representation (article 24 of the ILO Constitution). In its observation of 2003, the Committee noted the conclusions and recommendations of the tripartite committee appointed to examine a representation alleging non-observance by Guatemala of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) (document GB.286/19/4, March 2003). The Committee, in the same way as the tripartite committee, observed that the requirement of absolute consensus could lead to a reduction in the effectiveness of the consultations required by the Convention, and suggested that the requirement of unanimity, as set out in the Standing Orders of the Tripartite Commission on International Labour Issues, could have contributed to a reduction in the effectiveness of the consultations carried out in the National Tripartite Commission.

2. The Committee of Experts also examined in detail the information available on the tripartite consultations held in 2002 and 2003 and emphasized that the Government and the social partners should apply procedures which ensure effective consultations, which may include a precise timetable for the consultations. The effectiveness of the procedures would be enhanced if each party stated clearly its objectives for every aspect of the consultations.

3. The Committee took into account the fact that national elections were being held and expressed the hope that tripartite consultation would be enhanced and that social dialogue in Guatemala would reach higher levels.

4. New rules for effective consultation. The Committee notes the Government’s report, which includes the detailed summary reports of the meetings held by the Tripartite Commission on International Labour Issues for the period ending September 2004. The Government adds that tripartite consensus was achieved on the preparation of a new Government Agreement for the establishment of the National Tripartite Commission.

5. The Committee notes with interest Government Agreement No. 285-2004 (published in the Official Bulletin of 16 September 2004) establishing new rules for the operation of the Tripartite Commission on International Labour Issues. Section 1 of Government Agreement No. 285-2004 provides that the National Tripartite Commission shall be composed of representatives of the Government, and of employers and of workers "through their most representative organizations which benefit from the right to freedom of association to ensure effective consultations and express views in relation to the promotion of the application of international labour standards in accordance with Convention No. 144 of the International Labour Organization". In addition to the matters set out in Article 5 of Convention No. 144, the National Tripartite Commission "shall examine matters deriving from labour relations, social insurance and labour administration which the sectors represented upon it agree to address" (section 2). Among other principles, the basic right of the members of the National Tripartite Commission is established to "address and examine matters before decisions are taken on them, for which purpose all relevant documentation shall be forwarded in due time" (section 11(1)).

6. The Committee notes with particular interest that "with a view to guaranteeing the equality of the parties of which the Tripartite Commission on International Labour Issues is composed, its decisions, conclusions and recommendations shall be adopted by consensus" (section 20).

7. The Committee also notes the comments made in September 2003 and 2004 on the application of the Convention by the Trade Union Confederation of Guatemala (UNSITRAGUA). Among other matters, UNSITRAGUA complains that it was not called upon to propose its candidates as members of the National Tripartite Commission. In a communication received in January 2004, the Government referred to difficulties in constituting the membership of tripartite bodies. In Case No. 2295, the Committee on Freedom of Association also examined allegations by UNSITRAGUA relating to the trade union representative status of a civil association. In its recommendations, the Committee on Freedom of Association requested the Government to keep it informed of the use made of objective criteria and to avoid recognizing non-trade union organizations as having trade union representative status (Report No. 334, Vol. LXXXVIII, 2004, Series B, No. 2).

8. Taking into account the fact that Government Agreement No. 285-2004 came into force on 17 September 2004, the Committee hopes that the Government will provide information in its next report on the progress achieved in holding effective consultations (Article 2 of the Convention) on the matters set out in Article 5 of the Convention, including information on the activities of the Tripartite Commission on International Labour Issues, in accordance with Government Accord No. 285-2004.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

1. The Committee notes that the Governing Body approved in March 2003 the conclusions and recommendations of the tripartite committee appointed to examine a representation alleging non-observance by Guatemala of Convention No. 144 (document GB.286/19/4, March 2003).

2. In its conclusions, the tripartite committee recalled that the fundamental obligation laid down by Convention No. 144 is contained in Article 2, paragraph 1, of that instrument. According to that provision, every State party "undertakes to operate procedures which ensure effective consultations, ... between representatives of the government, of employers and of workers". The tripartite committee referred to paragraph 29 of the General Survey of 2000 in which the Committee pointed out that the consultations required under the terms of the Convention are intended, rather than necessarily leading to an agreement, to assist the competent authority in taking a decision. For the consultations to be meaningful, they should not be merely a token gesture, but should be given serious consideration by the competent authority. Although the public authorities must undertake consultations in good faith, they are not bound by any of the opinions expressed and remain entirely responsible for the final decision.

3. The tripartite committee also cited the direct request of 2001 to Guatemala, in which the Committee observed that the regulation governing the functioning of the Tripartite Commission on International Labour Issues guarantees equality between the parties since the agenda, discussion materials, conclusions and recommendations are arrived at through absolute consensus. The Committee had observed earlier that the requirement of absolute consensus could lead to a reduction in the effectiveness of the consultations required by the Convention - and the tripartite committee likewise deemed it appropriate to stress that the requirement of absolute consensus, as set out in the Standing Orders of the Tripartite Commission, may have reduced the effectiveness of the consultations it carried out in 2000.

4. Indeed, in its General Survey of 2000, the Committee emphasized that "the representatives of employers and workers who participate in the consultation must in no way be bound by the final decision or position adopted by the Government. It would indeed be contrary to the principle of autonomy of employers and workers with regard to governments, which is applied in the work of the ILO’s bodies, if they were bound by the government’s position simply because they had been consulted". The Committee further observed that: "In order to be ‘effective’, consultations must take place before final decisions are taken ... The important factor here is that the persons consulted should be able to put forward their opinions before the government takes its final decision. The effectiveness of consultations thus presupposes in practice that employers’ and workers’ representatives have all the necessary information far enough in advance to formulate their own opinions." (General Survey, paragraph 31.)

5. The tripartite committee found, in the light of the available information, that the difficulties that had arisen in 2000 and that had diminished the effectiveness of tripartite consultations, had been overcome.

6. The tripartite committee expressed the hope that the Government and the social partners, in accordance with their national practice, would continue their efforts to promote social dialogue and tripartism in Guatemala. It also referred to the resolution on tripartism and social dialogue adopted by the Conference at its 90th Session (June 2002), which emphasizes that if tripartite consultations are to succeed, the participants must demonstrate the required aptitude for social dialogue (attentiveness to the positions of the other parties, respect for all participants, adherence to commitments made, and willingness to resolve conflicts).

7. On adopting the tripartite committee’s report, the Governing Body invited the Government of Guatemala to report to the Committee of Experts on the activities of the Tripartite Commission on International Labour Issues, providing specific information on any progress made, with the technical assistance of the Office, in holding tripartite consultations on matters relating to Convention No. 144.

8. In the light of the foregoing, the Committee takes note of the Government’s detailed report, received in August 2003. The Committee refers in particular to the assistance afforded to the social partners by the Office under the project "Tripartism and social dialogue in Central America: Strengthening the processes of consolidating democracy" (PRODIAC). The Government also highlights the assistance provided by the San José subregional office in the preparation of a poverty reduction strategy, which has enabled the social partners to formulate a joint proposal for employment creation.

9. With regard to the activities of the Tripartite Commission, the Government has provided copies of letters convening 25 meetings during the period from July 2002 to July 2003. It has also supplied detailed records of 12 of the meetings that took place during that period. The Committee notes that in the course of the meetings held in the Tripartite Commission, there were consultations on most of the items listed in Article 5, paragraph 1, of the Convention.

10. In a letter of 26 May 2003, representatives of organizations of workers and employers which sit on the Tripartite Commission stated that the Government had failed to meet a commitment, undertaken at the meeting of 24 April 2003, to discuss at the meeting of 8 May 2003 draft reforms on sexual harassment, child labour, domestic work and global termination indemnities (indemnizacion universal). Their objection is that the Government submitted its draft to Congress on 7 May 2003, thus precluding the possibility of discussing and reaching agreement on these issues. These organizations stated that they wished to draw the ILO’s attention to repeated violations of Convention No. 144 by the Government of Guatemala, so that the Government might be urged to take the necessary steps to remedy the situation in order to strengthen the tripartite social dialogue process.

11. The Committee notes that in December 2002 the three sectors agreed to set up a "tripartite subcommission on international issues for the study and analysis of labour reforms" ("the Subcommission") which would discuss a number of pending amendments to align the national legislation with ratified Conventions pertaining to freedom of association. The government sector wished to give the priority to the Labour Code reforms so that proposals could be sent to the Congress of the Republic. The employers’ sector preferred not to rush matters in order to avoid repeating past experience (record of the Tripartite Commission’s meeting of 27 February 2003).

12. At a meeting of the Subcommission held on 5 March 2003, the three sectors agreed to prepare a technical draft with the various labour reform proposals. The Government submitted to the meeting its proposal to amend eight articles of the Labour Code. After four unproductive meetings of the Subcommission, at a meeting of the Tripartite Commission held on 10 April 2003, the government sector announced a deadline (15 May) for the submission of proposals.

13. At a meeting of the Subcommission held on 23 April 2003, the workers’ sector tabled proposals on sexual harassment, child labour and domestic work, and expressed its opposition to the Government’s proposal on global termination indemnities. At a meeting of the Tripartite Commission held the next day, all three sectors agreed to discuss the Labour Code reforms at a meeting of the Tripartite Commission to be held on 8 May.

14. The record of the meeting of 8 May 2003 shows that on the previous day, the President of the Republic had submitted a Labour Code reform package to Congress.

15. The workers’ and employers’ sectors considered that a severe blow had been dealt to the Tripartite Commission, and that to submit a package of legislative reforms to Congress 24 hours before the meeting of the Tripartite Commission was clearly contrary to the spirit and letter of Convention No. 144 and the Tripartite Commission’s own rules. The national authorities had shown scant regard for social dialogue.

16. The Government’s position was that at the Subcommission’s meeting of 23 April, there had been no quorum at a time when the three sectors needed to demonstrate their resolve to reach agreement. The draft legislation needed to reach Congress before it went into recess so that the matter could be dealt with in the second half of 2003.

17. It is the Committee’s understanding that the circumstances described in the letter of 26 May 2003 are similar to those analysed by the tripartite committee which examined the representation mentioned at the beginning of this observation. The Committee accordingly refers to its comments in paragraphs 2-7 above in order to emphasize that the Government and the social partners should apply procedures which ensure effective consultations - and which may include a precise timetable for the consultations. The efficiency of procedures is necessarily enhanced when each party states clearly its objectives for every aspect of the consultations.

18. The Committee is convinced that, in view of present circumstances in the country (nationwide elections had just taken place as the Committee met in late 2003), there are many opportunities to deepen tripartite consultations still further and to heighten social dialogue in Guatemala. As the Governing Body recalled, the Office has the technical capacity to help strengthen social dialogue and support the activities that governments and employers’ and workers’ organizations undertake for the consultations required by the Convention.

19. In view of the importance of tripartite consultations on international labour standards, the Committee trusts that the Government will provide new information on progress made in holding effective consultations on the subjects covered by the Convention, including information on the activities of the Tripartite Commission.

20. The Committee hopes that the national authorities and the social partners will be able to benefit from the Office’s technical assistance and trusts that the Government’s report will also contain comments on the matters raised in this observation.

21. At its next session, the Committee intends also to examine observations sent by a workers’ organization on the application of the Convention, which were forwarded to the Government in October 2003.

[The Government is asked to reply in detail to the present comments in 2004.]

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

1. In its latest detailed report, received in September 2001, the Government provides information on the functioning of the Tripartite Commission on International Labour Affairs and the written consultations with employers’ and workers’ organizations concerning matters addressed in the Convention. The Government also indicates that the regulation concerning the functioning of the Tripartite Commission on International Labour Affairs guarantees equality between the parties since the agenda, discussion materials, conclusions and recommendations are arrived at through absolute consensus. The Committee notes that the requirement of absolute consensus could lead to a reduction in the effectiveness of the consultations required by the Convention. In this respect, it recalls that the Convention does not require that an agreement should necessarily be the goal of the consultation; the principal aim of the consultations is to assist the competent authority in taking a decision (see paragraphs 29 and 30 of the General Survey of 2000). The Committee hopes that the Government and the social partners will take advantage of constructive social dialogue in the consultations required under the Convention and will progress in its application.

2. The Committee notes that the Governing Body decided at its 282nd Session (November 2001) to declare receivable a representation submitted under article 24 of the ILO Constitution, alleging non-compliance by the Government of Guatemala with Convention No. 144.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's report and the information which it contains on the consultations held concerning the matters covered by Article 5 of the Convention. It also notes with interest the reports of the meetings of the Tripartite Commission on International Labour Affairs, which the Government transmits regularly to the ILO. The Committee requests the Government to continue providing this useful information, which enables it to assess the manner in which the Convention is applied in practice. It hopes that the Government will be able to indicate in future reports the consultations held on the items on the agenda of the Conference (paragraph 1(a)) and on the reports to be made under article 22 of the Constitution of the ILO on the application of ratified Conventions (paragraph 1(d)).

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee has noted the information provided in the Government's report in response to its previous direct request. It notes the establishment in 1995 of a tripartite committee on international labour issues in which the social partners are represented on an equal footing, in accordance with Article 3 of the Convention. It also notes the minutes of the meeting of 7 August 1997 of this committee which indicates inter alia that consultations took place on certain issues relating to the ILO's activities listed in Article 5, paragraph 1.

The Government is invited to continue to provide such information and to undertake, in accordance with Article 6, consultations on the need to produce an annual report on the working of the procedures provided for by the Convention.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the reports for the periods from July 1993 to June 1994, and from July 1994 to June 1995. In its latest report, the Government states that the Ministry of Labour called for the establishment of the tripartite advisory commission to promote application of international labour standards; it consists of government representatives, employers' representatives and workers' representatives who are meeting fortnightly for the purpose of ensuring effective participation by the above-mentioned organizations in formulating draft labour legislation and supervising its application. The Committee greatly appreciates the progress shown by the Government in the application of the Convention, and requests it to include in its next report particulars on the following points:

Article 3 of the Convention. The Government indicates that shortly it expects to have expeditious assistance through the tripartite advisory commission. The workers' and employers' organizations freely elect their representatives in order to ensure representation on an equal footing of employers and workers. Many training events of a tripartite type have taken place. The Committee would be grateful if the Government would supply more detailed information on the matter describing, in particular, the way in which employers' and workers' representatives are elected for the purposes of the Convention, and indicate what measures have been taken to ensure their representation on equal footing, and their representation in the commission mentioned by the Government in its latest report. The Committee would appreciate receiving full information on the many tripartite training events, referred to by the Government in its last report, to the extent that they have furthered promotion of consultations of the kind required by the Convention.

Article 5. Please specify whether the consultations on submission referred to in paragraph 1(b) are held regularly.

Please also specify whether reports have been drafted or recommendations formulated as a result of the effective consultations required under this Article of the Convention. In this respect, it is pointed out that the consultations must be effective, as required under the Convention, that is, they must enable the representative organizations to have a useful say in matters concerning this provision. For this, the obligation to hold consultations before decisions are taken on the proposed measures should be complied with. The next report could include indications on the measures adopted so that observations made by employers' and workers' organizations are taken into account before the final reports and replies are sent to the Office, along with examples of the effective consultations held in relation to each of the indents of Article 5, paragraph 1.

Article 6. Please specify whether the representative organizations have been consulted on the advisability of submitting an annual report on the working of the procedures provided for in the Convention.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information supplied in the Government's first and second reports. It also notes that the machinery for tripartite consultations on ILO matters has not yet been established. It hopes that the envisaged committee will soon be operative. The Committee would be grateful if the Government kept it informed about any progress in this respect. It would be especially interested to receive information on the following points.

Article 2 of the Convention. Please describe how the consultations for the establishment of a Tripartite Committee on International Affairs are conducted in practice. Please also describe the procedures planned for its operation.

Articles 3 and 4. Once the Tripartite Committee on International Affairs is established, please provide the information requested in the report form under these Articles.

Article 5, paragraph 1(a) and (b). The Committee notes that the Government sends copies of reports and questionnaires to the most representative organizations of employers and workers, as well as copies of the international labour Conventions to be submitted to the competent authorities. The Committee would like to be informed whether the aforementioned reports and questionnaires concern items on the agenda of the International Labour Conference and texts to be discussed by the Conference, as foreseen under paragraph 1(a) of this provision of the Convention.

Furthermore, the Committee recalls that to ensure "effective consultations" in the meaning of Article 2 of the Convention, such consultations must be able to have an influence on the action to be taken. Therefore, the obligation to conduct consultations must be fulfilled before the proposed measures are decided upon. The Committee requests the Government to provide information on all measures adopted to ensure that reports and questionnaires are made available to the organizations of employers and workers sufficiently in advance, so that comments of these organizations may be taken into account before the final documents are sent to the ILO. The same applies to Conventions and Recommendations to be submitted to the competent authorities, which should be sent to the said organizations early enough before submission.

Article 5, paragraph 1(c) to (e). Please provide the information requested in the report form.

Article 5, paragraph 2. The Committee notes that in 1991 and 1992 no consultations were undertaken concerning the matters referred to in paragraph 1 of this Article. Please indicate how often consultations are undertaken in future, which should be at least once a year.

Article 6. The Committee notes that no annual report on the working of the procedures provided for in this Convention has been issued. Please give particulars of the consultations that have taken place with the representative organizations of employers and workers on this question.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the information supplied in the Government's first and second reports. It also notes that the machinery for tripartite consultations on ILO matters has not yet been established. It hopes that the envisaged committee will soon be operative. The Committee would be grateful if the Government kept it informed about any progress in this respect. It would be especially interested to receive information on the following points.

Article 2 of the Convention. Please describe how the consultations for the establishment of a Tripartite Committee on International Affairs are conducted in practice. Please also describe the procedures planned for its operation.

Articles 3 and 4. Once the Tripartite Committee on International Affairs is established, please provide the information requested in the report form under these Articles.

Article 5, paragraph 1(a) and (b). The Committee notes that the Government sends copies of reports and questionnaires to the most representative organizations of employers and workers, as well as copies of the international labour Conventions to be submitted to the competent authorities. The Committee would like to be informed whether the aforementioned reports and questionnaires concern items on the agenda of the International Labour Conference and texts to be discussed by the Conference, as foreseen under paragraph 1(a) of this provision of the Convention.

Furthermore, the Committee recalls that to ensure "effective consultations" in the meaning of Article 2 of the Convention, such consultations must be able to have an influence on the action to be taken. Therefore, the obligation to conduct consultations must be fulfilled before the proposed measures are decided upon. The Committee requests the Government to provide information on all measures adopted to ensure that reports and questionnaires are made available to the organizations of employers and workers sufficiently in advance, so that comments of these organizations may be taken into account before the final documents are sent to the ILO. The same applies to Conventions and Recommendations to be submitted to the competent authorities, which should be sent to the said organizations early enough before submission.

Article 5, paragraph 1(c) to (e). Please provide the information requested in the report form.

Article 5, paragraph 2. The Committee notes that in 1991 and 1992 no consultations were undertaken concerning the matters referred to in paragraph 1 of this Article. Please indicate how often consultations are undertaken in future, which should be at least once a year.

Article 6. The Committee notes that no annual report on the working of the procedures provided for in this Convention has been issued. Please give particulars of the consultations that have taken place with the representative organizations of employers and workers on this question.