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This report summarises individual observations and direct requests issued by the ILO Committee of Experts related to child labour conventions. To view the full reports, go to the ILOLEX database (http://www.ilo.org/ilolex/english/) and click on 'display all documents related to a specific country'. CEACR: Observation concerning Minimum Age Convention, 1973 (No. 138) Guatemala (ratification: 1990). Published: 2013 Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted the statistics on child labour in Guatemala and expressed concern at the number and situation of children under 14 years of age who work. It noted the development by the Government, in collaboration with ILO–IPEC, of a “roadmap” to ensure that Guatemala is a country free from child labour and its worst forms, as well as the results of the programme Mi Familia Progresa. It also observed that the Committee on the Rights of the Child, in its concluding observations of 25 October 2010, regretted that the implementation of the various initiatives to address violations of children’s rights was insufficient and suffered from a lack of adequate evaluation due to institutional weaknesses and the inadequate allocation of resources (CRC/C/GTM/CO/3-4, paragraph 19). In these circumstances, the Committee urged the Government to intensify its efforts to ensure the progressive elimination of child labour, including through strengthening the labour inspectorate. The Committee notes the extracts from the reports of the inspection services and information on the number and nature of the violations reported for 2011. It observes that the labour inspection services identified two children under 14 years of age engaged in work. The Committee notes from the Government’s report on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), that the Government has developed a plan of action which puts forward detailed measures to implement the “roadmap” to ensure that Guatemala is a country free from child labour and its worst forms. The Committee notes, on the basis of the report of June 2012 on the ILO–IPEC project entitled “Eliminating child labour in Latin America (Phase IV)”, that the Ministry of Labour in collaboration with ILO–IPEC is developing a monitoring and evaluation system to measure the results and impact of the implementation of the roadmap. The Committee likewise notes from the information provided by the Government on the application of Convention No. 182, that in 2011 the Government’s National Commission for the Eradication of Child Labour (CONAPETI) established inter-agency committees for the eradication of child labour in the 22 departments of the country, which aim to prevent, identify and reduce child labour at the local level. It notes the plan for the institutional strengthening of these inter-agency committees, which provides for a detailed strategy, planned activities, and indicators for measuring results. However, the Committee notes the statistics of the Understanding Children’s Work project, based on the 2011 results of the National Study of Living Conditions in Guatemala (ENCOVI), according to which 13.4 per cent of children between 7 and 14 years of age are engaged in economic activity (8.4 per cent of girls and 18 per cent of boys in this age group). Of these children, 39.4 per cent are exclusively working, whereas 17.3 per cent are working and attending school. The agricultural sector is the branch of economic activity with the most child workers (68.3 per cent), followed by services (18.3 per cent) and manufacturing (12 per cent). The 2010 UNICEF statistics indicate that 21 per cent of children between the ages of 5 and 14 are working. Article 3(1). Minimum age for admission to hazardous work. In its previous comments, the Committee noted that section 148(a) of the Labour Code prohibits work by minors in unhealthy and dangerous workplaces. However, it observed that the Labour Code does not define the term “minor” and that it is therefore impossible to determine the minimum age from which a minor may be admitted to perform hazardous work. In this respect, it noted that section 4 of the draft reform of the Labour Code (Initiative No. 4205) envisaged the revision of section 148(a) so as to prohibit the engagement of young persons under 18 years of age in various types of hazardous work. The Committee also noted that section 32 of Government Agreement No. 112-2006 of 7 March 2005 issuing Regulations on the protection of children and young persons at work prohibits work by children and young persons under 18 years of age in various types of hazardous work. The Committee notes Government Agreement 250-2006 regulating the application of ILO Convention No. 182, which in section 7 provides a detailed list of the types of hazardous work prohibited for children under 18 years of age. The Committee also notes the official statement by the labour inspectorate, which while recalling ILO Convention No. 138 and section 148 of the Labour Code, declares the prohibition of any employment or work which is likely to jeopardize the health, safety and morals of persons under 18 years of age, and contains a detailed list of types of employment which, due to their nature or condition, are considered hazardous for minors. Yet, the Committee notes that the Government’s report contains no information about the draft reform of the Labour Code. Article 6. Apprenticeship. Age of admission to apprenticeship. The Committee noted previously that section 171 of the Labour Code does not establish a minimum age for admission to apprenticeship. It also noted that, by virtue of section 150 of the Labour Code, the General Labour Inspectorate can issue a written authorization allowing daily work by minors under 14 years of age. This authorization must state that the minor will be working as an apprentice. The Committee also pointed out that a reading of section 24 of the Regulations on the protection of children and young persons at work and section 2 of Decree No. 27/2003 issuing the Act on the comprehensive protection of children and young persons suggests that the age of admission to apprenticeship is 13 years. For its part, the Government indicated that the Special Labour Inspectors Unit provides the basis for the application of Article 6 of the Convention by providing that no minor under 14 years of age may be a party to an apprenticeship contract. The Committee noted the Government’s indication that the Tripartite Committee on International Labour Affairs had started a review of the national labour legislation and that the issue of the minimum age for admission to apprenticeship would be brought to its attention. The Committee notes that the Government’s report contains no information relating to the reform of the national labour legislation on the issue of the age of admission to apprenticeship. The Committee is raising other points in a request addressed directly to the Government. ========================================================================================= CEACR: Observation concerning Worst Forms of Child Labour Convention, 1999 (No. 182) Guatemala (ratification: 2001) Published: 2013 Articles 3(a) and 7(1) of the Convention. Sale and trafficking of children for commercial sexual exploitation and the penalties applied. The Committee observed that no sanctions appeared to have been applied for the crime of trafficking of children between 2008 and 2009 and that also the Committee on the Rights of the Child (CRC), in its concluding observations of 25 October 2010 expressed concern at the lack of convictions for sexual exploitation since the adoption of Decree No. 9/2009, and at the tolerance of the competent authorities in relation to trafficking (CRC/C/GTM/CO/3-4, paragraph 94). The Committee expressed concern at the information bearing witness to the persistence of the problem of the trafficking of children under 18 years of age for their commercial sexual exploitation and at the allegations of the complicity between officials entrusted with the enforcement of the law and persons engaging in the trafficking of persons. In this regard, it urged the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions were carried out against the perpetrators and requested it to provide detailed information on the number of investigations conducted, and prosecutions and convictions applied. The Committee notes the statistics available on the website of the National Centre for Analysis and Legal Documentation as regards the application of section 202ter and section 202 quarter of the Penal Code, as amended by Decree No. 9-2009 issuing the Act against sexual violence, exploitation and trafficking in persons. The Committee notes that 294 cases concerning trafficking in persons were brought to the attention of the judicial bodies during the period 2009–April 2012, of which 86 concerned girls and 20 concerned boys under the age of 18. 38 judgments were rendered resulting in ten convictions. Yet the information does not specify how many judgments and sentences concerned the sale and trafficking of children under 18 years of age for commercial sexual exploitation and of officials who are complicit in such acts, nor the types of sanctions applied. The Committee notes, on the basis of the report of June 2012 on the ILO–IPEC project entitled “Eliminating Child Labour in Latin America (Phase IV),” that the Government through Agreement 1-2012 established a prosecution office specialized in trafficking in persons and that the judiciary set up specialized courts for exploitation and trafficking to ensure specialized expertise of the judges. Article 3. Worst forms of child labour. Clause (d). Hazardous types of work. Production and handling of explosive materials and products. The Committee noted that national legislation prohibits work by persons under 18 years of age in the manufacture, preparation and handling of explosive substances or products and the production of explosives or fireworks. The Committee notes from the information provided by the Government that many factories manufacturing fireworks have disappeared, due to the stringent legislation in this regard and many factories have therefore favoured homework. The Committee also notes the Government’s indication that the labour inspectorate has only managed to visit ten factories in 2011, since the population of the places where most factories manufacturing fireworks are concentrated have prevented surveillance by the labour inspectorate out of fear of becoming unemployed. In 2011, the labour inspectorate did manage to carry out 167 visits of distribution centres of fireworks. The Committee notes that a total of 16 contraventions were found and presented to the Labour Tribunal, the resolution of which is currently still pending. Article 6. Programmes of action. National Plan of Action to Combat the Commercial Sexual Exploitation of Children. The Committee observed that, in the Government’s reports submitted to the CRC on 23 November 2009 (CRC/C/GTM/3-4, paragraphs 255–256), the Government indicated that the National Plan of Action to Combat the Commercial Sexual Exploitation of Children had been adopted as official policy by the Secretariat of Social Welfare, but that the secretariat had not been able to implement the Plan and, in view of the inadequacy of the budget allocated, it was only able to implement programmes for the children of female sex workers in the area around the airport. The Committee requested the Government to provide information on the programmes of action developed as part of the implementation of the National Plan. Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from these forms of labour and ensuring their rehabilitation and social integration. Commercial sexual exploitation and trafficking for that purpose. In its previous comments, the Committee noted the adoption in 2007 of a “Public Policy to combat the Trafficking of Persons and Ensure the Full Protection of Victims and a National Plan of Strategic Action (2007–17)”, with the objectives of the immediate and full protection of victims, namely medical and psychological care and reintegration into the family and society. It also observed that the CRC, in its concluding observations of 25 October 2010 noted with concern that the competent authorities did not provide specialized or appropriate care for victims of trafficking and sexual exploitation and that the Government did not provide appropriate support to organizations working in this field (CRC/C/GTM/CO/3-4, paragraph 94). The Committee requested the Government to take time-bound measures to prevent the commercial sexual exploitation of children and provide direct assistance to children to remove them from these worst forms of child labour. The Committee notes the information provided by the Government in its report concerning the results of the project Conrado de la Cruz carried out by the Ministry of Labour and Social Welfare. Between September 2011 and January 2012 the project reached out to a total of 11,175 children to prevent their engagement in child labour; 4,575 children below the minimum age for employment (14) were reintegrated in the education system and received funding for this purpose and 417 children above 14 years old received vocational and technical education. In addition, numerous information activities have been organized to raise awareness about child labour, in particular its worst forms, existing protection measures, in particular for vulnerable children. The Committee also notes from the Government’s report on the application of the Forced Labour Convention, 1930 (No. 29), that, in the context of the implementation of the “Public Policy to combat the Trafficking of Persons and Ensure the Full Protection of Victims and a National Plan of Strategic Action (2007–17)”, the Secretariat against Sexual Violence, Exploitation and Trafficking of Persons (SVET) has been established. The SVET, which started its operations in 2011, has been created to ensure compliance with the Law against sexual violence, exploitation and trafficking in persons (Decree No. 9/2009) and to coordinate and supervise Government policies and programmes in this respect. The Committee notes that the first activities of the SVET have focused on prevention and so far 49 seminars and conferences for different Government institutions, inter alia, the Ministry of Education, the Ministry of Health and the labour inspectorate, have been carried out. Article 8. International cooperation. Trafficking of children for commercial sexual exploitation. In its previous comments, the Committee noted that the CRC, in its concluding observations of July 2007 (CRC/C/OPSC/GTM/CO/1, paragraph 29), while recognizing the conclusion of memorandums of understanding with neighbouring countries of Guatemala, expressed concern at the fact that undocumented foreign children, including victims of trafficking, are subject to deportation and must leave the country within 72 hours. The Committee also noted the Government’s indication that a new Inter institutional Protocol for the repatriation of victims of trafficking was adopted in December 2009. While observing that the Protocol was not yet implemented in practice, the Committee requested the Government to provide information on the measures taken to implement the Protocol. While the Government’s report contains no information on the implementation of the Protocol, the Committee notes from the Government’s report on the application of Convention No. 29 that one of the tasks of the SVET is to promote the conclusion and implementation of bilateral and multilateral agreements to ensure international protection of victims. ========================================================================================== CEACR: Direct Request concerning Minimum Age Convention, 1973 (No. 138) Guatemala (ratification: 1990) Published: 2013 Article 2(1) and (3) of the Convention. Minimum age for admission to employment. The Committee notes from the Government’s report on the application of Convention No. 127 that section 7 of Government Agreement No. 885 of the Board of the Social Security Institute, of 26 March 1990, provides that men and women under age but older than 13 years of age can perform work to lift, carry or move loads of weights appropriate to their age, provided that this is not detrimental to their health nor compromises their health and safety. ========================================================================================== CEACR: Direct Request concerning Worst Forms of Child Labour Convention, 1999 (No. 182) Guatemala (ratification: 2001) Published: 2013 Article 7(2) of the Convention. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted that the Government had adopted an Education Plan (2008–12), the strategic objective of which is to increase and facilitate the access of all to high quality education, particularly for boys, girls and young persons from very poor families and vulnerable groups. The Committee notes the detailed information provided by the Government as regards measures taken to improve the functioning of the education system in the country as part of the plan of action to implement the “Roadmap” to ensure that Guatemala is a country free from child labour and its worst forms. According to UNICEF 2010 statistics, the net school attendance rate for primary education has significantly improved since 2008 and stands at 95 per cent for girls and 98 per cent for boys (compared to 76 per cent for girls and 80 per cent for boys in 2008). Nevertheless, the Committee observes that the survival rate to the last primary grade is only 65 per cent and that the secondary school enrolment rate has remained stable since 2008 at 39 per cent for girls and 41 per cent for boys. Clause (d). Children at special risk. 1. Children affected by armed conflict. The Committee previously noted that children and young persons, particularly indigenous peoples, were affected by the armed conflict, which had afflicted the country. According to official estimates, 200,000 children were orphaned and over 1 million persons were internally displaced. The Committee noted on the basis of the concluding observations of the CRC of June 2007 (CRC/C/OPAC/GTM/CO/1, paragraph 20) that reparation measures, in particular for rehabilitation, compensation, physical and psychological recovery and the social reintegration of children who had been involved in hostilities, had been slow and inefficient. It also noted the results of the family reunification programme Todos por el Reencuentro of the Guatemalan Mental Health League, a private non-profit making organization, which also indicated that the programme received very limited support from the Government and that the National Commission to Search for Disappeared Children had never been established. 2. Child domestic workers. The Committee previously noted the time-bound measures taken to prevent and eliminate child domestic work, in particular the results achieved by the project Conrado de la Cruz. The Committee duly notes the information provided by the Government in its report concerning the results achieved of various programmes, which aim to prevent and remove children from domestic work. The Committee notes that the foundation Childhope removed in 2011 a total of 12 girls from child domestic labour and reintegrated them into the education system. The Committee also notes the Government’s indications that the Catholic Relief Service through the project Mis derechos son importantes raises awareness among parents, teachers, children and other relevant actors of the importance of eradicating child labour. The project operates in 165 primary schools with 120 facilitators with the highest incidences of poverty, whose population is known to search for employment opportunities in domestic work in Guatemala or Mexico. The Committee also notes that the project Conrado de la Cruz carried out by the Ministry of Labour and Social Welfare, between September 2011 and January 2012, provided financial support to 237 families to prevent mothers and fathers from engaging their children in domestic work. As part of preventive activities, the project reached out to 4,623 children in school going age in the municipalities of Guatemala, Sacatepéquez, Totonicapán y Chimaltenango, who receive nutrition, funding for schooling and health services in order to distance them from being engaged in domestic work. In 2012, 62 early alert groups of mothers, fathers and community workers have been created comprising 351 persons who monitor and visit families with children vulnerable to being engaged in domestic work and other child labour. Lastly, the Committee notes that the Government in collaboration with the Ministry of Labour and Social Welfare and the Ministry of Education, organizes a range of communication activities in local languages, for example on the radio, to raise awareness of the rights of children and the prohibition of child labour. 3. Street children. In its previous comments, the Committee noted that the Government had prepared a National Plan for the Protection of Boys, Girls and Young Persons in the Streets and that in 2007 the Government planned to: establish a national database system for boys, girls and young persons in the streets; develop a system with the objective of preventing children from living in the streets; and implement specialized support programmes for street children, including programmes of assistance for their rehabilitation and social, educational and family integration. The Committee noted that the Secretariat for Social Welfare had implemented various programmes for the socially vulnerable population of the country, and had provided accommodation to 650 children in 2009. Yet, the Committee also noted that the CRC, in its concluding observations of 25 October 2010 expressed concern at the high number of children in street situations (CRC/C/GTM/CO/3-4, paragraph 90). The Committee notes the Government’s indications that the Secretariat for Social Welfare provides fundamental services to children and adolescents in need, such as housing, nutrition, clothing, recreation and medical attention. In accommodation centres, children are attended by social workers, psychologists, doctors, nurses and lawyers, who provide their professional services to facilitate the restitution of the children’s rights. The Committee also notes the various social programmes administered by the Ministry of Social Development (see also Article 8), targeting families living in poverty and providing assistance in terms of nutrition and income support, which aim to reduce poverty and prevent child labour. However, the Committee observes that the Government’s report again does not contain any information on the measures envisaged by the Government in 2007, nor on the results achieved in the context of the National Plan for the Protection of Boys, Girls and Young Persons in the Streets. Moreover, the Government’s report does not provide any information on the number of children withdrawn from the streets and those that have benefitted from rehabilitation and social integration services. 4. Indigenous children. In its previous comments, the Committee noted the results of the ILO–IPEC activities on child labour among indigenous peoples. It also noted that the CRC, in its concluding observations of 25 October 2010, indicated that the extreme poverty rate is particularly high among the indigenous population and that indigenous young persons are more likely to be the victims of sexual and economic exploitation (CRC/C/GTM/CO/3-4, paragraph 40). The CRC also noted that the measures taken by Guatemala were not sufficient to eliminate the structural obstacles preventing children belonging to these communities from exercising their full rights. The Committee notes with regret that the Government’s report again does not contain any information on the measures adopted by the Government to protect the children of indigenous peoples from the worst forms of child labour. Article 8. Poverty reduction. Further to its previous comments, the Committee notes the detailed information provided by the Government in its report. It notes with interest that the objective of the conditional cash transfer programme, Mi Familia Progresa, of reaching out to 800,000 families has been achieved; a total of 904,910 families benefitted from the programme in 2010 and 874,282 families in 2011. The Committee notes the Government’s indications that the programme Mi Familia Progresa was administered by the previous administration and has been integrated into the various social programmes administered by the newly established Ministry of Social Development. The Committee notes that these programmes are aimed at breaking the cycle of inter-generational poverty and preventing child labour and currently benefit a total of 747,510 families. The programme Mi Bono Seguro, provides cash transfers to families with children between the ages of 0 and 15 years living in poverty conditional upon school attendance and medical surveillance of their children. The Mi Beca Segura and Jovenes Protagonistas programmes provide vocational education and training and capacity building to young persons in vulnerable and at risk situations. The Mi Comedor Seguro provides nutritional support to vulnerable and at risk families in order to ensure food security for poor families. The Mi Bolsa Segura programme also provides periodical nutritional support to vulnerable families with a focus on the empowerment of women as agents of change.