ILO Governing Body, 353rd session
10 – 20 March 2025
Complaint alleging non-observance by Guatemala of Conventions Nos 87 and 98
GB.353/INS/11
1st EU statement
Chair,
I speak on behalf of the European Union and its Member States.
The candidate countries North Macedonia, Montenegro, Albania[1], Republic of Moldova, the EFTA countries Norway member of the European Economic Area and Switzerland, align themselves with this statement.
The EU and its Member States are committed to the respect, protection and fulfilment of labour rights. Universal ratification and effective implementation of fundamental ILO Conventions and the ILO’s supervisory mechanism are essential in this endeavour.
We thank the Office for its report and continued commitment to supporting the implementation of the road map on freedom of association in Guatemala. We appreciate the efforts undertaken to advance the priority actions identified by the joint mission of the ILO, the IOE and the ITUC.
We particularly commend the ILO’s initiatives, such as a study on collective bargaining in the public sector in Guatemala, strengthening of the National Tripartite Committee on Labour Relations and Freedom of Association, and the provision of capacity-building programs and technical assistance for labour inspectors.
We welcome the planned activities for the first semester of this year aimed at strengthening freedom of association through social dialogue, training, and compliance efforts.
We acknowledge the Government’s commitment to increasing the relevance of tripartite social dialogue in the country and addressing the observations of the Committee of Experts concerning Conventions Nos 87 and 98 through the legislative reforms. We note efforts to strengthen the Investigation Unit for Crimes against Judicial Officials and Trade Unionists, and steps taken to accelerate judicial proceedings.
However, we share the grave concerns expressed by the Committee on Freedom of Association and the Committee of Experts regarding the serious acts of violence against the members of the trade union movement, including numerous murders. We call on the Government to take an urgent action to protect all trade union members, in order to prevent further loss of human lives and violations of human rights. We also urge the Government to strengthen judicial proceedings to guarantee that all cases of violence are prosecuted in a timely and just manner, and lead to accountability for instigators and perpetrators.
Furthermore, while we acknowledge the Government’s efforts to facilitate the process of trade unions registration, we note that significant obstacles persist. These include the delays in trade union registration, restrictions on establishing sectoral unions and limited access to remedies for unregistered trade unions. We urge the Government to take the necessary steps to resolve existing legislative and institutional barriers that hinder trade union registration.
The EU has engaged in strengthening cooperation with Guatemala. This is reflected in the Association Agreement between the EU and Central America, in which both parties committed to effectively implement in law and practice the fundamental ILO Conventions. Through financing such initiatives as the Promotion of the Decent Work Project, which now enters its second phase, we continue to support Guatemala in strengthening tripartite social dialogue and reinforcing trade union and employers capacities. Building on this commitment, the EU is supporting two additional projects aimed at strengthening the labour movement and civil society, as well as at promoting responsible business conduct in key agricultural supply chains.
We re-affirm our strong commitment to support the country and encourage other partners to do so.
With this, Chair, we support the draft decision.
Thank you.
[1]North Macedonia, Montenegro and Albania continue to be part of the Stabilisation and Association Process