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

Rural Workers' Organisations Convention, 1975 (No. 141) - Guatemala (Ratification: 1989)

Article 3 of the Convention. Right of all rural workers to establish organizations of their own choosing without previous authorization. In its previous comment, noting that the law of Guatemala requires a minimum number of 20 workers to form a union, that small enterprises account for a large majority of companies in the rural sector, and that there are only nine workers’ organizations that have currently valid legal personalities, the Committee urged the Government to take the necessary measures in the near future to amend the requirements relating to the establishment of sectoral unions set out in section 215(c) of the Labour Code to facilitate and extend the possibilities for the establishment of unions that cover workers in several enterprises in the rural sector. The Committee notes the Government’s indication that: (i) in February 2025, the Subcommittee on Legislation and Labour Policy addressed the Committee’s request and submitted the results to the National Tripartite Committee on Labour Relations and Freedom of Association (CNTRLLS), requesting that it be subject to dialogue in a full session and that this request had been recently reiterated; and (ii) the CNTRLLS has been requested to avail itself of ILO technical assistance to facilitate tripartite discussion of the subject. The Committee again refers to its comments made in respect of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and once more urges the Government, after consultation with the social partners, to take the necessary measures to amend section 215(c) of the Labour Code to facilitate and extend the possibilities for the establishment of unions that cover workers in several enterprises in the rural sector. The Committee hopes that the technical assistance which can be provided by the Office will allow the Government to report on tangible progress in the near future.

Faced with serious allegations of anti-union practices in the sector, the Committee reiterated to the Government its request for fuller information on the action and interventions of the General Labour Inspectorate (IGT) in respect of freedom of association of rural workers and again requested an assessment of measures and tools to reinforce the effectiveness of action by the IGT and by other relevant public authorities to prevent and resolve situations of anti-union discrimination in the rural sector. The Committee notes the Government’s information, including the following data for the period from January 2024 to April 2025: (i) five agricultural trade unions were registered with the Ministry of Labour and Social Welfare which, according to their constituent documents affiliated 242 workers, including 33 women; (ii) of the 5 trade unions registered, only two have valid legal personality; (iii) the IGT has held 28 round-table discussions in the rural sector, nine of which were on freedom of association, which resulted in two agreements, and 19 were on labour rights and were attended by trade union organizations; (iv) a total of 3,412 notices of immunity for trade union leaders have been processed; and (v) 1,236 trade union leaders were registered in the rural sector. The Committee also notes from the Government’s report that 99 complaints related to trade union rights had been lodged, involving 389 trade union leaders, and 23 complaints resulted in the issuance of sanctions. The Committee finally takes note of the Government’s indication that an increase in the number of inspectors is planned, to include operatives specialized in inspection in rural areas. The Committee observes that the detailed data provided by the Government appears to address all workers in geographically rural areas, regardless of their occupation. In this regard, the Committee recalls that pursuant to its Article 2, the Convention applies specifically to any person engaged in agriculture, handicrafts or a related occupation in a rural area. The Committee notes, however, that the large majority of the round-table dialogues and interventions by the labour inspection services reported by the Government refer to workers in municipalities, hospitals or the education sector. Based on the above, the Committee requests the Government to provide information on the trade unions of rural workers with valid legal personality in the country and on action and interventions by the IGT related to freedom of association and focusing solely on rural workers, as defined in Article 2 of the Convention, indicating in particular the number of complaints lodged related to the exercise of trade union rights and the decisions accordingly taken, as well as the number of trade union leaders registered with a view to obtaining immunity. Recalling that Guatemala has also ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Labour Inspection (Agriculture) Convention, 1969 (No. 129), and the Plantations Convention, 1958 (No. 110), the Committee also requests the Government to provide information on all measures and tools to reinforce the effectiveness of action by the IGT in rural areas, and in particular on progress made in recruiting new inspectors specialized in rural areas.

Articles 4 to 6. Promotion of organizations of rural workers and their role in economic and social development. In its previous comments, the Committee was concerned to observe the absence of information from the Government on any collective agreement in force that covers rural workers and requested the Government to reinforce information activities on, and promotion of, freedom of association and collective bargaining through initiatives targeting rural workers; compile the information available on the collective agreements in force that cover rural workers; and continue providing details on the dialogue with associations of rural workers, including self-employed workers and small producers, in the mechanisms for the adoption of public decisions that affect them. The Committee also reiterated its request to the Government to provide detailed information on solidarist associations in the rural sector, and on the content of their activities. The Committee notes the information provided by the Government which: (i) contains details of information and awareness-raising activities undertaken through guides, posters and action undertaken through social networks (Facebook and Instagram) that reached 120,668 individuals; (ii) between January 2024 and April 2025, 3 collective agreements covering rural workers were in force and that between the years of 1952 and 2024, a total of 84 collective agreements were approved and registered in this sector; and (iii) with respect to associations of rural workers, including those of self-employed workers and small producers, the Vice-Ministry of Food and Nutrition Security is granting a rural subsidy, which includes agricultural bonuses, to reinforce family farmsteads. The subsidy will reach 43,504 producers from 18 rural organizations. The Committee takes due note of the information provided by the Government and observes with concern that, according to the data submitted, only three collective agreements covering rural workers are currently in force. At the same time, the Committee also regrets the absence of detailed information on dialogue with the associations of rural workers (including self-employed workers and small producers) in the mechanisms for the adoption of public decisions that affect them, and the absence of information on solidarist associations in the rural sector, and on the content of their activities. In light of this, the Committee urges the Government to: (i) intensify and broaden its information activities on, and the promotion of, freedom of association and collective bargaining through initiatives targeting rural workers, ensuring their divulgation through the media most used in those areas and in the most spoken languages of the regions; (ii) continue to provide information on the collective agreements in force that cover rural workers, as defined in Article 2 of the Convention; and (iii) continue providing details of the dialogue with associations of rural workers, including self-employed workers and small producers, in the mechanisms for the adoption of public decisions that affect them. Observing once again that no information has been provided in this regard, the Committee urges the Government to provide detailed information on solidarist associations in the rural sector, and on the content of their activities.

The Committee finally observes that the Office is implementing the project “Apoyando Cadenas Agrícolas Verdes y Sostenibles en Guatemala (Ver Crecer)” (Supporting Green and Sustainable Agricultural Chains in Guatemala (Watch the Growth)”, which aims to reinforce the capacities of enterprises to adopt due diligence practices in respect of human rights in the coffee, cocoa, palm oil, sugar and products of wood chains in Guatemala. The Committee hopes that, with ILO technical assistance, the Government will take the measures indicated in the present comment to make progress towards full application of the Convention.