Wayzata World Factbook 1996/The World Factbook - 1996 Edition - Wayzata Technology (3079) (1996).iso/pc/text/humanrts/guatemal.txv

Text File | 1996-01-04 | 11KB | 214 lines

TITLE: GUATEMALA HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995



Section 1.a.).  The Archbishop's human rights office reported
that unknown assailants killed 5 unionists, injured 2, and
threatened 36, although it is not always clear whether such
violence is union-related.  Public sector union leaders, as
well as unionists in the high-profile in-bond export sector,
reported receiving threats against themselves and their
families.  Such anonymous threats increased markedly early in
the year when one of the federations of government employees
held a prolonged series of work stoppages for improved wages
and government compliance with previously negotiated
agreements.  This dispute was peacefully settled through
negotiations with various union representatives.

On September 30, President De Leon Carpio eliminated--allegedly
without following legally required procedures--the moribund
Committee of National Reconstruction (CNR), a government entity
established to manage recovery from the 1976 earthquake.  Many
of the 600 workers who lost their jobs occupied the Committee's
headquarters in an attempt to force the Government to negotiate
severance pay or find them alternative employment.  Agustin
Monzon, a member of the CNR union, was allegedly kidnaped on
November 7 and released only after the occupiers agreed to
leave the site peacefully on November 18.

Unions may and do form federations and confederations and join
international organizations.

An active "solidarity" movement claims approximately 100,000
members in over 395 companies.  Unions may legally continue to
operate in workplaces which have solidarity associations, and
workers have the right to choose between the two or belong to
both.  The Government views these associations as civic
organizations which need not interfere with the functioning of
trade unions.  The amended Labor Code stipulates very clearly
that trade unions have the exclusive right to bargain
collectively over work conditions on behalf of workers.
Unionists charge, however, that solidarity associations are
promoted by management to avoid the formation of trade unions
or to rival existing labor unions.  There are credible reports
that some of these associations did not always adhere to
democratic principles in their formation and management and
that workers are unable to participate fully and freely in
decision making.  Similar credible charges are made against
some trade union organizations.

At the request of trade union leaders, the independent Human
Rights Ombudsman, through his Office for Economic and Social
Issues, receives complaints related to trade union activities.
Union leaders and workers filed a number of complaints with the
Ombudsman during the year, and the Ombudsman has spoken out in
public statements about labor conditions in varying sectors of
the economy.  The Ombudsman can investigate their complaints
and issue a statement.  He has no enforcement powers but can
attempt to ameliorate the situation through publicity and moral
suasion.

     b.  The Right to Organize and Bargain Collectively

Workers have the right to organize and bargain collectively.
However, the practice of collective bargaining is limited by
the weak structure of the union movement, the lack of
experience with this practice, and the preference of management
in many cases to avoid formal ties with trade unions.  While
both management and the unions honored some well-written
collective contracts, in other instances, both parties openly
ignored and violated contracts.  Most workers, even those
organized by trade unions, do not have collective contracts to
cover their wages and working conditions, but do have
individual contracts as required by law.  Most workers receive
the minimum wages established by bipartite commissions, which
operate under the guidance of the Ministry of Labor.

Employers cannot dismiss workers for participating in the
formation of a trade union; workers file complaints in this
regard with the labor inspectors for resolution.  The Labor
Code provides for the right of employers to fire union workers
for cause, permits workers to appeal their dismissal to the
labor courts, and requires the reinstatement of any union
worker fired without cause.  The revised Code prohibits
employers from firing workers for union organizing and protects
them for 60 days following the official publication of approval
of the union.  It also prohibits employers from firing any
member of the executive committee of a union and protects them
for an additional 12 months after they are no longer on the
executive committee.  An employer may fire a member of the
union's executive committee for cause only after a trial and
issuance of a court resolution.

Labor courts responsible for enforcing labor laws continued to
be generally ineffective.  Although two new labor courts began
to function, efforts to restructure and modernize the labor
court system made little headway, in part because of tensions
between the executive and judicial branches stemming from
President De Leon's reform efforts.  A heavy backlog of labor
cases continues to clog the courts due to corruption,
indolence, and lack of resources.  There is only spotty
enforcement of the Labor Code, due to the scarcity of labor
inspectors, corruption, the lack of adequate training and
resources, and structural weaknesses (or the lack of political
will) in the labor court system.  Nonetheless, enforcement is
improving as new labor inspectors complete training and begin
work outside the capital, allowing the Ministry of Labor to
increase significantly its rate of inspections.  The Ministry
has also increased the number of court cases filed for failure
to comply with the Labor Code and has begun an educational
campaign on worker rights, including providing some documents
in indigenous languages.

Labor laws and regulations apply throughout the country,
including in the few export processing zones (EPZ's).  The laws
governing EPZ's are not discriminatory on the subject of
organizing trade unions or collective bargaining.  While union
leaders often blame employer pressures and unofficially
restricted access to the EPZ's for their virtual inability to
organize workers in these zones, labor conditions in the EPZ's
are no different from those found outside the zones.

     c.  Prohibition of Forced or Compulsory Labor

The Constitution bars forced or compulsory labor, and the
practice does not exist.  However, human rights and indigenous
groups continue to charge that there is coerced participation
in the PAC's that violates prohibitions against forced labor.

     d.  Minimum Age for the Employment of Children

Although the Constitution bars employment of minors under the
age of 14, children below this age are regularly employed.
Laws governing the employment of minors are not effectively
enforced, due to the shortage of qualified labor inspectors and
structural weaknesses in the labor court system.  Only 5,000
minors have permission from the Labor Ministry to work
legally.  Thousands working without legal permission are open
to exploitation, generally receiving no social benefits, no
social insurance, no vacations, and no severance pay, and are
paid below the minimum wage level.  The Labor Ministry has a
program to educate minors, their parents, and employers on the
rights of minors in the labor market.  Economic necessity,
however, forces most families to have their children seek some
type of employment to supplement the family income.  There are
no export industries in which child labor is a significant
factor.

The Constitution provides for compulsory education for all
children up to the age of 12 or to the sixth grade.  However,
less than half the population actually receives a primary
education.  Child labor is largely confined to small or family
enterprises, to agricultural work, and to the informal sectors
of the economy.

     e.  Acceptable Conditions of Work

Although the law sets minimum wages, the legally mandated
minimum wage for most unskilled and semiskilled workers is
rarely paid to rural and urban workers.  A bilateral committee
representing labor and management in specific economic sectors
is named each year to make recommendations for increases in the
minimum wage.  In the event that agreement is not possible, the
Government may decree such increases.  In June the National
Association of Coffee Growers (ANACAFE) reached an agreement
with one trade union group representing coffee farm workers
which increased the minimum wage for coffee farm workers by
approximately 30 percent to $2.55 (14.50 quetzals) a day.  The
accord also provides for both productivity training and bonus
payments and foresees talks on modernization of the critical
coffee sector.

Following the ANACAFE accord, the Government substantially
increased the minimum wage in the main sectors of the economy
in October.  The minimum wage for commercial and industrial
workers is $2.80 (16 quetzals) for an 8-hour workday, including
a required hourly bonus.  The minimum wage for farm workers is
$2.55 (14.50 quetzals) per day, plus mandatory and productivity
bonuses.  It has been estimated that an urban family of four
needs at least $8.50 (48 quetzales) per day to live, thus the
minimum wage does not provide a decent standard of living.  An
estimated 70 percent of the population lives below the poverty
line, including approximately 60 percent of those employed.

The legal workday is 8 hours and the workweek is 44 hours, but
a tradition of much longer hours remains in place due to
economic conditions.  The amended Labor Code requires a weekly
paid rest period of at least 24 hours.  Trade union leaders and
human rights groups charge that workers are sometimes forced to
work overtime, often without premium pay, or given drugs to
help them work longer in order to meet work requirements.
Labor inspectors report that numerous instances were uncovered
of such abuses, but corruption and inefficiencies in the labor
court system inhibit adequate enforcement of the law.

Occupational health and safety standards are inadequate.  As
with other aspects of the labor law, enforcement of standards
that do exist is also inadequate.  Workers have the legal right
to remove themselves from dangerous workplace situations, and
the law provides them with protection for their continued
employment.  However, few workers are willing to jeopardize
their jobs by complaining about unsafe working conditions.
When serious or fatal industrial accidents do occur, the
authorities generally take no legal steps against those
responsible.  The Labor Ministry provides training courses for
labor inspectors in health and safety standards but does not
accord them a high priority due to scarce resources.  The
Government does not effectively enforce legislation requiring
companies with more than 50 employees to provide on-site
medical facilities for their workers, although many large
employers do provide such facilities.