Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Minimum Age Convention, 1973 (No. 138) - Guatemala (Ratification: 1990)

The Committee notes with interest that the Government adopted the Act concerning the full protection of children and adolescents in 2003. It requests it to provide information on the following points.

Article 1 of the Convention. National policy. The Committee notes the National Plan relating to the prevention and elimination of child labour and the protection of working adolescents (2001-04), which was drawn up further to consultations which were held between 1999 and 2001 between the Government and civil society. The National Plan is principally concerned with ten departments of the country, namely Quiché, Huehuetenango, Alta Verapaz, Totonicapán, Sololà, San Marcos, Izabal, Zacapa, Petén and Jalapa. The principal goal of the National Plan is the prevention and elimination of child labour. Its specific objectives are education, health, promotion of adult employment, protection, research, social mobilization, assistance and evaluation. The Committee also notes that, according to the document entitled "Public policy and national action plan for children (2004-15)", the Government plans to reduce work done by boys and girls under 13 years of age by 15 per cent by 2007, by 30 per cent by 2011 and by 50 per cent by 2015. The Committee requests the Government to provide information on the implementation of the National Plan relating to the prevention and elimination of child labour and the protection of working adolescents (2001-04) and of the "Public policy and national action plan for children (2004-15)" and on the results obtained with regard to the elimination of child labour.

Article 2, paragraphs 1 and 4, and Part V of the report form. Minimum age for admission to employment or work and application in practice. In its previous comments, the Committee had noted the statement by the ICFTU that child labour is very widespread in Guatemala. The ICFTU had referred to government statistics which indicate that about 821,875 children between 7 and 14 years of age are economically active, most of them in agriculture or in informal urban activities such as shining shoes or street entertainment. The Committee notes the information communicated by the Government to the effect that the study entitled "Understanding child labour in Guatemala" carried out in 2000 by the National Institute of Statistics (INE), in connection with the National Survey on Living Conditions (ENCOVI), establishes that approximately 507,000 boys and girls between 7 and 14 years of age are working in Guatemala, which represents 20 per cent of this population group. Of the 507,000 children who are working, 66 per cent are boys and 34 per cent are girls. Eight per cent of children are only working, while 12 per cent are both working and attending school. In addition, the total number of hours worked by children who are solely working is 58 per week, while the total number of hours worked by children who are both working and attending school is 40. The sector of economic activity in which the most children between 7 and 14 years of age work (62 per cent) is agriculture, followed by commerce (16.1 per cent), manufacturing (10.7 per cent), services (6.1 per cent), construction (3.1 per cent) and others (1.2 per cent).

The Committee notes that, under section 148(e) of the Labour Code, the work of minors under 14 years of age is prohibited. It also notes that, under section 66 of the Act concerning the full protection of children and adolescents of 2003, the work of adolescents under 14 years of age is prohibited in any activity, including the informal sector. The Committee notes, however, that, according to the statistics mentioned above, it appears difficult to apply the legislation on child labour in practice and child labour is very widespread in Guatemala. The Committee expresses its deep concern at the situation of children under 14 years of age compelled to work in Guatemala. It therefore strongly encourages the Government to renew its efforts to improve this situation gradually. Hence, referring to its general observation made at its 2003 session, the Committee invites the Government to continue to provide detailed information on the manner in which the Convention is applied in practice, including, for example, the fullest possible statistical data on the nature, extent and trends of child and adolescent labour below the minimum age specified by the Government at the time of ratification, extracts from the reports of inspection services, information on the number and nature of infringements reported and on penalties applied, particularly in the agricultural, commercial, manufacturing, services and construction sectors.

Article 3, paragraphs 1 and 2. Hazardous work and determination of types of hazardous employment or work. In its previous comments, the Committee had noted the statement by the ICFTU that child workers are often exploited and work in the worst conditions. Health and safety legislation is non-existent and many children work in highly dangerous activities, such as manufacturing fireworks or in quarries. The ICFTU had emphasized that work in the fireworks industry is particularly dangerous and children are often seriously injured. In addition, according to the ICFTU, although most of these activities take place in family-run workshops, about 10 per cent of the children work in factories, where they perform the most dangerous tasks, such as measuring out explosives.

The Committee notes with interest the information provided by the Government to the effect that, further to multi-sectoral consultations, the Government has drawn up a detailed list of 29 types of hazardous work. It notes in particular that this list includes the fireworks industry and the construction industry, including activities which entail working with stone. As regards the fireworks industry, the Committee notes the 2004 document entitled "Census of children withdrawn from the fireworks industry". According to this document, 4,521 children under 13 years of age have been withdrawn from their work. Of this total, 72 benefited from an alternative activity, 923 from a credit granted to the families and 3,526 received a "peace allowance".

The Committee notes that section 148(a) of the Labour Code prohibits the work of minors in unhealthy and dangerous places. It also notes that section 51 of the Act concerning the full protection of children and adolescents of 2003 states that boys, girls and adolescents (persons between 0 and 18 years of age - section 2) have the right to be protected against economic exploitation and the performance of any work which is likely to be harmful to their physical and mental health or interfere with their school attendance. The Committee notes the Government’s efforts to prohibit the work of boys, girls and adolescents in the fireworks industry. The Committee observes, however, that, according to the information contained in the 2004 document entitled "Census of children withdrawn from the fireworks industry", only children under 13 years of age have been withdrawn from their employment in the fireworks industry. It reminds the Government that, under Article 3, paragraph 1, of the Convention, no person under 18 years of age may perform any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize his health, safety or morals. The Committee encourages the Government to continue its efforts in this field and requests it to adopt the necessary measures to guarantee that no person under 18 years of age will be employed in the fireworks industry. It also requests the Government to continue to provide information on the number of children withdrawn from this sector of economic activity.

In addition, a request regarding certain other points is being addressed directly to the Government.