Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Guatemala (Ratification: 2001)

The Committee takes due note of the detailed information provided by the Government in its report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). The sale and trafficking of children for economic exploitation. With reference to its previous comments, the Committee notes with interest that section 194 of the Penal Code, as amended by Decree No. 14-2005 of 3 February 2005 reforming section 194 of the Penal Code (Decree No. 14-2005 of 3 February 2005), establishes penalties for the sale and trafficking of persons, including minors, for economic exploitation.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that the national legislation does not contain a provision prohibiting the use, procuring or offering of a person under 18 years of age for the production of pornography or for pornographic performances. It requested the Government to indicate the measures adopted or envisaged with a view to prohibiting and penalizing this worst form of child labour. The Committee notes that section 194 of the Penal Code prohibits and penalizes the trafficking of persons, including minors, for the purposes of prostitution. It also notes the Government’s indication that a Bill to reform the Penal Code to criminalize the production of pornography using children and young persons is being examined by the Congress. The Committee requests the Government to provide information on any progress achieved in this respect.

Clause (c). Use, procuring or offering of a child for illicit activities. With reference to its previous comments, the Committee notes with interest the Government’s indication that section 7(1)(f) of Government Agreement No. 250‑2006 issuing regulations on the application of Convention No. 182 of the International Labour Organization on the worst forms of child labour and immediate action for their elimination (the Regulations on the application of Convention No. 182) prohibits this worst form of child labour.

Clause (d). Hazardous types of work. The Committee notes with interest that section 32 of Government Agreement No. 112-2006 of 7 March 2006 issuing the Regulations for the protection of children and young persons at work (the Regulations for 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.

Article 4, paragraph 1. Determination of hazardous types of work. The Committee notes with interest that section 7 of the Regulations on the application of Convention No. 182 contains a detailed list of hazardous types of work prohibited for young persons under 18 years of age.

Article 5. Monitoring mechanisms. Unit for the Protection of Young Workers. With reference to its previous comments, the Committee notes the information provided by the Government that the Unit for the Protection of Young Workers and the Special Labour Inspection Unit are formulating, in collaboration with UNICEF, a project relating to denunciations and the procedure for inspections of workplaces to ensure protection for young persons under 18 years of age. It requests the Government to provide information on the denunciation procedure that is to be introduced.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the information provided by the Government that it has established a Technical Committee against Child Domestic Work. It requests the Government to provide information on the practical measures adopted by the above Committee to combat child domestic work.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Programme for the elimination of child labour in the coffee industry in San Marcos. With reference to its previous comments, the Committee notes the information provided by the Government on the results achieved through the implementation of this programme. It notes in particular that 22 communities have been covered by the programme and that both Guatemalan children and their families and migrants have also benefited from the programme.

Clause (b). Assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. 1. Children affected by armed conflict. In its previous comments, the Committee noted that, in its second periodic report to the Committee on the Rights of the Child in March 2000 (CRC/C/65/Add.10, paragraphs 240 and 241), the Government indicated that children and young persons were affected in a variety of ways by the armed conflict which had lasted approximately 40 years. According to official estimates, there were 200,000 orphans and 40,000 widows. Moreover, 200,000 people were estimated to have taken refuge abroad, particularly in Mexico, and over 1 million had been internally displaced. According to the Government, all these factors had a direct impact on physical, mental and emotional health, the access of children to education, family cohesion and relationships and the preservation of the identity of thousands of children, particularly indigenous children. The Committee requested the Government to provide information on the measures adopted to secure the rehabilitation and social integration of children and young persons affected in various ways by the armed conflict. The Committee notes the information provided by the Government to the effect that young persons affected by armed conflict are cared for by NGOs. It once again requests the Government to indicate the measures adopted to secure the rehabilitation and social integration of children and young persons who have been affected in various ways by the armed conflict.

2. Programme for the elimination of child labour in the production of broccoli in Chilascó, Baja Verapaz Guatemala. With reference to its previous comments, the Committee takes due note of the information provided by the Government on the implementation of this programme and the results achieved. As a result, over 250 families have improved their income and the population as a whole has benefited from the installation.

3. Peace grants. In its previous comments, the Committee noted the information provided by the Government that, with the assistance of ILO/IPEC, Guatemala is a beneficiary of the programme of “peace grants”, through which the Government makes it possible for children engaged in hazardous types of work to attend school. It requested the Government to provide detailed information on the “peace grants” programme. The Committee notes the information provided by the Government that over 50 schools and ten municipal areas, in four departments, have benefited from 10,000 grants.

Clause (d). Children at special risk. 1. Children living in the streets. The Committee noted previously that the Government had prepared a “National Plan for the protection of boys, girls and young persons in the street”. It also noted that, according to a document entitled “Public Policy and National Plan of Action for Childhood (2004-15)”, the Government envisaged evaluating the results achieved by the National Plan with a view to adapting the action taken. It also noted that, in 2007, the Government planned to: establish a national database system for boys, girls and young persons in the street; develop a system with the objective of preventing children from living in the streets; and implementing specialized support programmes for street children, including programmes of assistance for their rehabilitation and social, educational and family integration. The Committee requested the Government to provide information on the implementation of the “National Plan for the protection of boys, girls and young persons in the street” and the “Public Policy and National Plan of Action for Childhood (2004-15)” and the results achieved, particularly in relation to the protection of children living in the streets from the worst forms of child labour. Noting the absence of information in the Government’s report, the Committee once again requests it to provide information on the implementation of the “National Plan for the protection of boys, girls and young persons in the street” and the “Public Policy and National Plan of Action for Childhood (2004-15)” and the results achieved, particularly in relation to the protection of children living in the streets from the worst forms of child labour and their rehabilitation and social integration.

2. Indigenous children. The Committee notes that, according to the report of the Economic and Social Council (E/CN.4/2003/90/Add.2, of 24 February 2003, paragraphs 54 and 55), although public investment in education has grown in the years following the signing of the Peace Agreements, the figures for education and school attendance for indigenous children are problematic and show an enormous disparity compared with non-indigenous children. The Committee also notes the Government’s indication that it is participating in an ILO/IPEC project on the prevention of domestic work by indigenous children. The Committee requests the Government to take the necessary measures to ensure that indigenous children are not engaged in the worst forms of child labour and to provide the necessary and appropriate direct assistance for their removal from these forms of work and for their rehabilitation and social integration. It requests the Government to provide information on the results achieved through the implementation of the ILO/IPEC project on the prevention of domestic work by indigenous children.

Clause (e). Special situation of girls. In its previous comments, the Committee noted that, according to the report entitled “Understanding child labour in Guatemala”, published in September 2003 by ILO/IPEC, a fairly high number of girls are engaged in work. It requested the Government to indicate the manner in which it intended to accord special attention to the situation of girls and remove them from the worst forms of child labour. The Committee notes the information provided by the Government that educational grants have been awarded to girls. According to the Government, between 1994 and 2006, over 73,300 such grants were awarded. The Committee requests the Government to pursue its efforts to prevent girls from being engaged in the worst forms of child labour and to remove them from these forms of child labour.

Article 8. Poverty reduction. The Committee previously noted the information provided by the Government in its second periodic report submitted to the Committee on the Rights of the Child in March 2000 (CRC/C/65/Add.10, paragraphs 10 and 238), according to which a high number of children of both sexes are compelled to work owing to the poverty and extreme poverty suffered by the vast majority of families. The Government also indicated that the poverty and extreme poverty in which thousands of families live, in combination with other social and political factors, have had an adverse impact on children’s quality of life and led to an increase in the number of children and young persons who are particularly vulnerable, such as those working in the formal and informal economies, those involved in marginal income-generating work, street children and child victims of armed conflict. In its Concluding Observations on the second periodic report of Guatemala in July 2001 (CRC/C/15/Add.154, paragraph 15), the Committee on the Rights of the Child encouraged the Government to strengthen its efforts to reduce poverty among children and to identify clearly its priorities with respect to child rights issues in order to ensure that funds are allocated “to the maximum extent of […] available resources and, where needed, within the framework of international cooperation” for the full implementation of the economic, social and cultural rights of children, in particular with respect to local governments and for children belonging to the most vulnerable groups in society. The Committee requests the Government to provide information on the measures adopted or envisaged in this respect.

Parts IV and V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted that, according to the report entitled “Understanding child labour in Guatemala”, published in September 2003 by ILO/IPEC, a large number of children work in activities such as domestic work, agriculture, the production of fireworks, mining and quarries and rubbish collection. The Committee noted that the statistics and data contained in the report did not specifically cover the worst forms of child labour. It also noted that, according to the document “Hazardous work by children and young persons: Identification, location and definition – The worst forms of child labour in Guatemala”, a study on the worst forms of child labour was due to be carried out so as to establish an overview of these types of work and to identify the socio-economic context, cultural attitudes and causes of the existence of the worst forms of child labour. The Committee requested the Government to provide information on the findings of this study. Noting the absence of information in the Government’s report, the Committee requests it once again to provide information on the nature, extent and trends of the worst forms of child labour, statistics on the number of children covered by the measures giving effect to the Convention and on the number and nature of infringements, investigations, prosecutions, convictions and the penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.