Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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

Article 1 of the Convention. National policy. Prevention and elimination of child labour. In its previous comments, the Committee noted that, according to the Government, the National Plan for the Prevention and Elimination of Child Labour and the Protection of Young Workers (2001–04) was, in collaboration with ILO/IPEC, being evaluated with a view to formulating a new National Plan. It notes the Government’s indication that the General Department of Social Welfare is currently drafting the new National Plan against Child Labour. The Committee expresses the hope that the drafting of the new National Plan against Child Labour will be completed as soon as possible and requests the Government to provide information on any new developments in this respect.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes that, according to 2006 UNICEF statistics, the primary school net attendance rates were 76 per cent for girls and 80 per cent for boys and, at secondary school, the attendance rates were 24 per cent for girls and 23 per cent for boys. Furthermore, the Committee notes that, according to the Education for All Global Monitoring Report entitled Education For All in 2015: Will we make it?, published by UNESCO in 2008, Guatemala has a strong chance of achieving the objective of universal primary education for all by 2015. The report points out that although the country has made progress with regards to gender parity in primary and secondary education, there is still a wide gender enrolment gap. However, the report states that it is likely that the objective of gender parity will be achieved in both primary and secondary education by 2025. Finally, the Committee observes that, according to an ILO/IPEC report of June 2008 on the project entitled “Elimination of child labour in Latin America. Third stage”, the Government has adopted an Education Plan (2008–12), with the strategic objective of increasing and facilitating access to quality education for all, particularly boys, girls and young persons from very poor families and vulnerable groups.

The Committee takes due note of the fact that the primary school net attendance rate is relatively good and the country has a very good chance of achieving universal primary education for all by 2015. The Committee nevertheless expresses its concern that the secondary school net attendance rate is rather low and that the gender disparity in primary and secondary education remains high. It points out that poverty is one of the main causes of child labour which, combined with a weak education system, impedes a child’s development. Considering that compulsory education is one of the most effective ways of combating child labour, the Committee strongly requests the Government to continue its efforts to improve the functioning of the education system in the country and to take measures enabling the enrolment of children in compulsory basic education or an informal school system. In this respect, it requests the Government to provide information on the measures taken, in the context of the implementation of the Education Plan (2008–12), to increase both the primary and secondary school attendance rates, in order to prevent children under 14 years from working. The Committee requests the Government to provide information on the results obtained. Finally, to improve gender parity in both primary and secondary education and to attain the objective by 2025, the Committee requests the Government to take the necessary steps, especially in this respect.

Article 3, paragraph 1. Age of 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. It nevertheless noted that the Labour Code does not contain a definition of 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. On this matter, the Government pointed out that the Tripartite Subcommission on Judicial Reforms would examine the Office’s proposals during the reform of the Labour Code. The Committee noted, moreover, 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 (hereinafter 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 that, according to the Government, the reform of the Labour Code is still under way. The Committee strongly hopes that the reform of the Labour Code will be adopted in the near future so as to bring section 148(a) of the Labour Code in line with the provisions of the national legislation, including section 32 of the Regulations on the protection of children and young persons at work, to ensure that it is in conformity with Article 3, paragraph 1, of the Convention. It requests the Government to provide information on any progress achieved in this respect.

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 written authorization for normal daily work by minors under 14 years of age. This authorization must state that the minor will be working as an apprentice. Furthermore, it noted that sections 24 to 26 of the Regulations on the protection of children and young persons at work established the conditions for apprenticeship. The Committee nevertheless pointed out that reading section 24 of the Regulations in conjunction with section 2 of Decree No. 27-2003 issuing the Act on the integral protection of children and young persons (hereinafter the Act on the integral protection of children and young persons) infers that the age of admission to apprenticeship is 13 years. For its part, the Government has indicated that the General Labour Inspectorate secures the application of Article 6 of the Convention by stipulating that no minor under 14 years of age shall be party to an apprenticeship contract. The Committee takes note that, according to the Government, the Tripartite Committee on International Labour Affairs has started reviewing the national labour legislation and that the matter of the minimum age for admission to apprenticeship will be brought to its attention. The Committee firmly hopes that, in the context of the revision of the labour legislation, the Government will take the necessary measures to bring the national legislation concerning apprenticeship in line with Article 6 of the Convention and provide for a minimum age for admission to apprenticeship at 14 years of age. It requests the Government to provide information on any progress achieved in this respect.

Article 7. Light work. The Committee noted that under section 150 of the Labour Code, the General Labour Inspectorate can give written authorization for normal daily work for minors under 14 years of age. The authorization must state: (a) that the minor is required to contribute to the family finances owing to the extreme poverty of his or her parents or guardians; (b) that the work involved is light work, the duration and intensity of which are compatible with the physical, mental and moral well-being of the minor; and (c) that in any event school attendance requirements are met. The Government pointed out that the types of light work are not determined by national legislation, but that the General Labour Inspectorate scrutinizes every application for authorization for work by a minor under 14 years of age. The Committee takes note of the information provided by the Government that 36 written authorizations were granted by the General Labour Inspectorate to children under 14 years of age in 2007. For 2008, only eight written authorizations had been granted before 14 January, because the Government’s present policy is not to give authorization to work to any child under 14 years of age.