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

Guatemala

Minimum Age (Fishermen) Convention, 1959 (No. 112) (Ratification: 1961)
Medical Examination (Fishermen) Convention, 1959 (No. 113) (Ratification: 1961)
Fishermen's Articles of Agreement Convention, 1959 (No. 114) (Ratification: 1961)

The Committee notes the Government’s reports on the application of the Conventions related to fishing. The Committee recalls the Government’s indication of that Guatemala does not have a fishing fleet and that fishing is still eminently artisanal. In order to provide a comprehensive view of the issues relating to the application of these Conventions, the Committee considers it appropriate to examine them in a single comment.

The Committee recalls that the Governing Body of the ILO, at its 352nd Session (October–November 2024), upon the recommendation of the Standards Review Mechanism Tripartite Working Group: (i) confirmed the classification of Convention No. 112 as outdated and placed an item on its abrogation on the agenda of the 118th Session of the International Labour Conference (2030); and (ii) recognized Conventions Nos 113 and 114 as outdated standards.

The Governing Body requested the Office to take follow-up measures to actively encourage the ratification and effective implementation of up-to-date instruments concerning fishers, in particular the Work in Fishing Convention, 2007 (No. 188), in Member States in which Conventions Nos 112, 113 and 114 were in force (see GB.352/LILS/3). The Committee, therefore, encourages the Government to consider ratifying Convention No. 188 as the most up-to-date instrument in this subject area.

Minimum Age (Fishermen) Convention, 1959 (No. 112). Article 2 of the Convention. Minimum age for admission to work in the fishing sector. The Committee notes the Government’s indication, in response to its previous comments on the failure to comply with the minimum age for admission to work, that the matter was reported to the Subcommittee on Legislation and Labour Policy of the National Tripartite Committee on Labour Relations and Freedom of Association for the purposes of analysing the Committee’s request through tripartite social dialogue. The Committee requests the Government to take the necessary measures without delay to expressly include in the national legislation a general prohibition against the employment of children under the age of 15 years on board fishing vessels, in accordance with Article 2 of the Convention.

Medical Examination (Fishermen) Convention, 1959 (No. 113). Article 2 of the Convention. Medical certificate. The Committee notes the Government’s indication, in response to its previous comments on the need to ensure that no person shall be engaged for employment on board a fishing vessel unless he produces a certificate attesting to his fitness for the work, that the Ministry of Labour and Social Welfare requested the Ministry of Public Health and Social Assistance to take the necessary measures to update the current internal regulations to include procedures applicable to health services in order to include persons engaged in artisanal or commercial fishing in the list of users eligible for the issuance of medical certificates. The Committee requests the Government to take the necessary measures without the delay to ensure that effect is given to Article 2 of the Convention.

Fishermen’s Articles of Agreement Convention, 1959 (No. 114). Article 6(3) of the Convention. Particulars of articles of agreement. The Committee notes the Government’s indication, in response to its previous comments in which it requested that measures be taken to update the model articles of agreement with a view to bringing it fully into line with the Convention, that it was agreed to revise Government Agreement (Ministry of Labour and Social Welfare) No. 10-80 of 9 May 1980 establishing regulatory standards for the application of the Convention. In this context, the Committee notes that the Government requests technical assistance from the Office for its advice on the implementation of the Convention in accordance with the national legislation and current conditions in fishing. The Committee trusts that the Government will be able to receive the requested technical assistance requested and requests it to adopt without delay the necessary measures to bring its legislation into full conformity with Article 6(3) of the Convention.

Article 8. Information on board as to the conditions of employment. Noting that the Government does not provide new information on legislative or other measures giving effect to this provision, the Committee requests the Government once again to adopt the necessary measures to enable fishers to obtain information on board as to the conditions of their employment.