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The Committee takes note of the Government’s report.
In its previous direct request, the Committee asked the Government to indicate the measures taken to implement the Agreement on economic issues and the agrarian situation signed by the Government and the Guatemalan National Revolutionary Unit in 1996. The Committee notes in this connection that, according to the Government, the Urban and Rural Development Councils Act has been amended to extend the Councils’ functions and enable society, indigenous peoples and women’s organizations to participate more directly in decision-making. The Government also points out that the Local Development Councils (COLODES) have been reactivated, and that these, too, allow the rural population to participate in decision-making. Furthermore, a National Land Fund (FONTIERRAS) has been set up, as have a National Committee for Legal Assistance and the Settlement of Land Disputes (CONTIERRA), a Secretariat for Agrarian Affairs and a Prevention Unit for the Settlement of Disputes (UPRECO). However, the Government states that although there is greater certainty in law as to the ownership of lands, the above bodies are unable to make headway owing to a lack of funds. The Committee requests the Government to use all means available to secure implementation of the abovementioned Agreement.
The Committee also asked the Government to indicate the manner in which it has encouraged policies and reforms to facilitate the establishment of organizations of rural workers (Article 4 of the Convention). The Committee notes in this connection that, according to the Government, the Ministry of Labour and Social Welfare is preparing a national policy for the provision of free advice to workers wishing to form organizations, which will lead to implementation of a national policy for the defence and development of organizations. The abovementioned preparations have now reached the stage of training the staff of the General Labour Directorate of the metropolitan area and the regional directorates. The Committee requests the Government to continue to keep it informed of all specific measures taken in this regard.
The Committee notes the Government’s report and the comments made by the Trade Union Confederation of Guatemala (UNSITRAGUA) on the application of the Convention, which were forwarded by the Government with its report.
The Committee thanks the Government for having sent the Agreement on socio-economic issues and the agrarian situation, concluded by the Government and the Guatemalan National Revolutionary Unit in 1996. The Committee notes that Part III of the Agreement covers the "agrarian situation and rural development". The Committee requests the Government to indicate the measures adopted up to now to give effect to the Agreement. The Committee also requests the Government to indicate the manner in which it has encouraged policies and reforms to facilitate the establishment of organizations of rural workers, since the Government’s report only contains general statements on this matter.
With reference to its previous comments, the Committee notes with satisfaction the repeal by Legislative Decree No. 18-2001 of 14 May 2001 of the prohibition of strikes or work stoppages by agricultural workers during harvests (section 243(a) of the Labour Code).
The Committee notes the information provided by the Government in its report.
With reference to its comment on the prohibition of strikes or work stoppages by agricultural workers during harvests (sections 243(a) and 249 of the Labour Code), the Committee observes that the Government has not provided a response and it therefore refers to the comments it made in this respect in the context of Convention No. 87.
The Committee notes the statement by the Government that the Ministry of Labour and Social Security has promoted policies and reforms designed to facilitate the establishment of rural workers' trade union organizations. The Committee requests the Government to specify the type of policies and reforms undertaken, and to keep it informed of any activities or programmes conducted in this respect (Article 4 of the Convention).
Furthermore, the Committee requests the Government to forward a copy of the relevant extracts of the Agreement on Social and Economic Affairs and the Situation in Agriculture, signed by the Guatemalan National Revolutionary Unit (URNG) and the Government in 1996, as referred to in the report.
The Committee notes the information supplied by the Government in its report.
With regard to the prohibition of strikes or work stoppages by agricultural workers during harvests, with a few exceptions (sections 243(a) and 249 of the Labour Code), the Committee notes the Government's reference to the damage that such strikes would cause to the national economy. The Committee refers to its comments in this respect in the context of Convention No. 87.
The Committee notes that, in accordance with section 206 of the Labour Code, there are two categories of rural workers, namely rural workers in agricultural and stock-raising enterprises and self-employed workers who work in agriculture or stock-raising. In this respect, the Committee notes the information supplied by the Government on the number of trade union organizations of rural workers in the country, including the approximate number of their members. The Committee also notes that organizations of rural workers can participate in the economic and social development of the country and requests the Government to provide information on the activities or programmes undertaken in this respect (Article 4).
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 wishes to draw the Government's attention to the following:
- Section 211(a) and (b) of the Labour Code provides for strict supervision of trade union activities by the Government.
In this connection, the Committee points out that the principal objective of Convention No. 141 is to strengthen the role of rural workers' organizations in economic and social development and that government interference in trade union activities is contrary to the principles of freedom of association.
- Sections 243(a) and 249 of the Labour Code which, with a few exceptions, prohibit strikes or work stoppages by agricultural workers during harvests are contrary to the principles contained in the Convention, as the Committee has been pointing out for several years in connection with Convention No. 87.
The Committee hopes that the Government will adopt the necessary measures to bring the provisions mentioned above into line with the Convention and asks it to provide information on this matter in its next report.
The Committee would appreciate information on the principal rural workers' organizations that exist for the various categories covered by the Convention, with particulars of the approximate number of members (Articles 2 and 4 of the Convention), and the activities or programmes carried out in the country to enable these organizations to participate in economic and social development and in the benefits resulting therefrom (Article 4).
The Committee notes the information supplied by the Government in its first report on the Convention and wishes to draw its attention to the following: