ILO Governing Body, 352nd session

28 October – 7 November 2024

Complaint alleging non-observance by Guatemala of Conventions Nos 87 and 98

GB.352/INS/13

EU Statement

Chair,

I speak on behalf of the European Union and its Member States.

The candidate countries North Macedonia*, Montenegro*, Albania*, Ukraine and Republic of Moldova, the EFTA countries Iceland and Norway, members of the European Economic Area, as well as Switzerland, align themselves with this statement.

1. The EU and its Member States are committed to respect, protect, promote and fulfil human rights, including labour rights.
2. We actively promote the universal ratification and effective implementation of fundamental ILO Conventions, including Conventions Nos 87 and 98. We support the ILO in its indispensable role in developing, promoting, and supervising the application and implementation of ratified international labour standards, particularly fundamental Conventions.
3. We praise the Office’s efforts to deliver its technical assistance to the Government of Guatemala to ensure further progress in the implementation of Conventions Nos 87 and 98.
4. Tripartite consultations and meaningful and effective social dialogue are essential foundations for the application of fundamental principles and rights at work.
   
   We therefore acknowledge the Government of Guatemala’s commitment to strengthen the practice of mature and ongoing social dialogue, as described in the letter of September 2024. We welcome its efforts to increase the relevance of the National Tripartite Committee on Labour Relations and Freedom of Association (CNTRLLS), and to facilitate cooperation between social partners and competent institutions.
5. On collective bargaining, we appreciate the establishment of a technical round table aimed at developing a regulation in accordance with the observations of the Committee of Experts. We thank the Office for preparing a study on collective bargaining in the public sector in Guatemala focusing on comparative law, and encourage the Government of Guatemala to benefit from its findings.
6. We also encourage the Government of Guatemala to proceed without delay with the adoption of the national legislation developed in collaboration with social partners, to bring it into conformity with International Labour Standards.
7. While noting its commitment to step up its preventive measures for violence against workers, we call on the Public Prosecutor’s Office to further investigate all acts of violence against trade union leaders and members, to determine responsibility and to punish both perpetrators and instigators. Further work is necessary to ensure effective protection for all trade union leaders and members, and we encourage the Government to deliver tangible results.
8. The EU and its Member States have engaged in strengthening cooperation with Guatemala through political and trade ties. This is reflected in the Association Agreement between the EU and Central America, in which Guatemala 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 is set to continue supporting Guatemala’s efforts to comply with its commitments of the roadmap on freedom of association and collective bargaining, the EU has worked closely with the ILO on realising the objectives of the technical assistance programme in Guatemala. We re-affirm our strong commitment to support the country and encourage other partners to do so.
9. The EU and its Member States will continue to closely follow the situation in the country. We encourage further exchanges between the Government of Guatemala and the ILO to increase the effectiveness of the measures already taken.

With these comments, we support the draft decision point.

Thank you, Chair.

*North Macedonia, Montenegro and Albania continue to be part of the Stabilisation and Association Process.