Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Abolition of Forced Labour Convention, 1957 (No. 105) - Guatemala (Ratification: 1959)

Article 1(c) and (d) of the Convention. Penal sanctions involving compulsory labour imposed for breaches of labour discipline and for participating in strikes. For many years, the Committee has been requesting the Government to amend the following provisions of the Penal Code, which provide for prison sentences involving compulsory labour (section 47 of the Penal Code and section 17 of the Prisons Act) and could be imposed as a means of labour discipline or for participation in a strike:

• section 390(2), which provides that any person committing an act intended to paralyse or disrupt an enterprise that contributes to the economic development of the country shall be liable to a sentence of imprisonment of from one to five years;
• section 419, which provides that any public official or employee who fails or refuses to carry out, or delays carrying out, any duty pertaining to their position or office, shall be liable to a sentence of imprisonment of from one to three years; and
• section 430, which provides that public officials, employees or personnel of public service enterprises who collectively abandon their posts, work or service, shall be liable to a sentence of imprisonment of from six months to two years.

With reference to the progress relating to the legislative initiative to revise sections 390(2) and 430 of the Penal Code, submitted in the context of the 2013 road map adopted as a follow-up to the complaint examined by the Government Body on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Government indicates in its report that Bill No. 6162, which contains legislative reforms agreed in the National Tripartite Committee on Labour Relations and Freedom of Association, was submitted to Congress. The Labour Commission of the Congress issued a favourable opinion with amendments, only approving three of the seven sections proposed, with sections 390 and 430 of the Penal Code not being approved. The Government adds that it was agreed to hold another meeting in the extended working group, in which it was decided to request a hearing with the steering committee of the Labour Commission of Congress to address matters related to this initiative, which is still pending.

The Committee regrets to note that the Bill has still not been adopted and the absence of information from the Government on the measures to amend section 419 of the Labour Code. The Committee also refers to its comments on Convention No. 87 and urges the Government to ensure that sections 390(2) and 430 of the Penal Code are amended without delay in order to limit the scope of those provisions so that penal sanctions involving compulsory labour cannot be applied to persons for participation in a strike or as a punishment for a breach of labour discipline. In this regard, the Committee requests the Government to continue providing information on the progress achieved in relation to Bill No. 6162. It also once again requests the Government to take measures to amend section 419 of the Penal Code.

The Committee is raising other matters in a request addressed directly to the Government.