Observation (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

The Committee notes that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observation on the following points:

1. With reference to its previous comments, the Committee notes with interest the text of Decree No. 143-96 repealing Legislative Decree No. 19-86 respecting voluntary civil defence committees (this Decree provided for compulsory enrolment and imposed penalties in the event of refusal to serve; the committee which examined the representation under article 24 of the Constitution against Guatemala had recommended its repeal). The Committee also notes that the civil defence committees have been disarmed and demobilized under international control, in the context of the peace agreements signed by the Government and the Revolutionary National Union of Guatemala (URNG).

2. In its previous comments, the Committee noted that Legislative Decree No. 9 of 1963, which established sanctions for various activities relating to communist or similar parties, had been repealed by Decree No. 130-96. The Committee notes that a copy of the latter text, which came into force on 23 December 1996, was supplied by the Government.

3. The Committee draws the Government’s attention to the comments that it has been making for many years on certain provisions of the Penal Code which are not compatible with the Convention, and particularly with Article 1(a), (c) and (d). The Committee had noted that, under section 47 of the Penal Code, sentences of imprisonment involving compulsory labour can be imposed as a punishment for the expression of certain political opinions, as a means of labour discipline or for participation in a strike, under the terms of the following provisions:

-  section 396 of the Penal Code: "Any person who seeks to organize or operate associations which act in collaboration with, or in obedience to, international bodies propounding the communist ideology or any other totalitarian system, or that are intended to commit offences, or who participates in such associations, shall be punished by imprisonment of from two to six years";

-  section 419: "Any public servant or employee who fails or refuses to carry out, or delays carrying out, any act corresponding to his function or responsibility, shall be punished with imprisonment of from one to three years";

-  section 390(2): "Persons who commit acts intended to paralyse or perturb enterprises which contribute to the economic development of the country, without these acts necessarily involving recourse to violence, shall be punished with imprisonment of from one to five years";

-  section 430: "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. If such a stoppage prejudices the public interest or, in the case of leaders, promoters or organizers of the collective stoppage, those responsible shall be liable to double the penalty."

The Committee hopes that the necessary measures will be taken to bring the legislation into conformity with the Convention on these points and that the Government will provide information on the measures taken for this purpose.