Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Article 3 of the Convention. Worst forms of child labour. Clause (d) Hazardous types of work. Production and handling of explosive materials and products. The Committee previously noted the measures adopted by the Government to combat child labour in the fireworks industry, including the adoption of Government Agreement No. 28-2004 of 12 January 2004 issuing regulations on firework production. It noted that section 7(a) of the Government Agreement of 18 May 2006 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 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. Furthermore, under the terms of section 4(b) and (c), the Regulations apply to employers and parents who make use of young persons under 18 years of age in any of the prohibited activities who, under section 5 of the Regulations, shall be held responsible and liable to penalties. The Committee noted that labour inspectors carried out 28 inspections of factories manufacturing fireworks. It requested the Government to continue providing information on the effect given in practice to the Regulations on the application of Convention No. 182.

The Committee notes the Government’s indication that the Ministry of Defence has established an inter-institutional commission bringing together the various government actors and the national fireworks industry, to review and extend the scope of application of the Government Agreement issuing the Regulations on the firework industry. The Government adds in its report that between 2008 and 2009 training courses on rights, obligations and prohibitions at work were provided to 4,775 young persons between the ages of 14 and 18.

The Committee also notes that the types of hazardous work prohibited for persons under 18 years of age by section 4 of the draft reform of the Labour Code (Legislative Initiative No. 4205) include the manufacture or handling of explosive substances and products. It also notes that, according to the information contained in a report on the worst forms of child labour in Guatemala of 15 December 2010 available on the website of the United Nations High Commissioner for Refugees, the labour inspection services carried out unannounced inspections in firework enterprises in 2009, which are reported to have identified six cases of child labour. The Committee requests the Government to provide information on the number of inspections carried out by the labour inspection services in firework factories, as well as the nature of the violations reported and the penalties imposed as a result of such inspections.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. Further to its previous comments, the Committee takes due note of the measures adopted by the Government to improve the operation of the education system in the country. It notes with interest that section 1 of Government Agreement No. 226-2008 of 12 September 2008 establishes the principle of free compulsory public education. It further notes that a primary education programme open to students who are above the normal age for primary education was launched in 2009. According to the Government, 7,223 students benefited from the programme in 2009. Furthermore, 418 new basic education centres were inaugurated. The Committee notes that the Government has 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.

According to UNICEF 2008 statistics, the net school attendance rate for primary education has remained stable since 2006 (76 per cent for girls and 80 per cent for boys). The Committee also notes that, according to the 2008 data of the UNESCO Institute for Statistics, the net school enrolment rate in secondary education has increased since 2002. Nevertheless, it observes that the secondary school enrolment rate was only 39 per cent for girls and 41 per cent for boys in 2008. The Committee also notes that, according to the information contained in the 2010 UNESCO Education for All Global Monitoring Report, entitled “Reaching the marginalized”, although the survival rate up to the fifth year of primary education has increased by over 22 per cent since 1999, around 30 per cent of children enrolled in primary education leave school before completing the last year of primary school. The Report also indicates that the children of indigenous peoples and ethnic minorities suffer significant disadvantages in the field of education. For example, Spanish-speaking children remain at school for an average of 6.7 years, while children who speak Q’eqchi’ stay at school for an average of 1.9 years, and the probability of young children of Mayan ethnic origin combining school and work is twice high as for other children. This inequality is particularly apparent among indigenous girls, who are much more likely to drop out of school.

Finally, the Committee notes that the United Nations Committee on the Rights of the Child, in its concluding observations of 25 October 2010 on the third and fourth periodic reports of Guatemala (CRC/C/GTM/CO/3-4, paragraph 80), expressed concern at the fact that the increased demand for education has not been met with adequate educational infrastructure, human and technical resources. The Committee on the Rights of the Child also expressed concern at the very low rate of school retention. The Committee urges the Government to renew its efforts to improve the functioning of the education system in the country. In this respect, it requests the Government to take measures to raise the school attendance rate, particularly for secondary education, and to increase the rate of completion of compulsory education, taking into account the special situation of girls and indigenous children. The Committee requests the Government to provide information in its next report on the measures adopted and the results achieved, particularly in the context of the implementation of the Education Plan (2008–12).

Clause (d). Children at special risk. Children affected by armed conflict. The Committee previously noted that, in its second periodic report on the Convention on the Rights of the Child submitted to the Committee on the Rights of the Child in March 2000 (CRC/C/65/Add.10, paragraphs 240–241), the Government indicated that children and young persons were affected in a variety of ways 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. This situation had repercussions on the physical and mental health of children, their access to education, as well as the preservation of the identity of children, particularly those of indigenous peoples. The Committee also noted that the Committee on the Rights of the Child, in its concluding observations of June 2007 (CRC/C/OPAC/GTM/CO/1, paragraph 20), expressed concern that the work of the National Commission to Search for Disappeared Children and the National Reparations Programme had been slow and inefficient, mainly due to the inadequate budget allocated for the implementation of reparation measures, in particular for rehabilitation, compensation, physical and psychological recovery and the social reintegration of children who had been involved in hostilities.

The Committee notes the information provided by the Government in its report to the effect that the Guatemalan Mental Health League, a private non-profit-making organization, through its programme for the reestablishment of family links Todos por el Reencuentro, achieved in the reunification of 287 family members. It notes that, since the establishment of the family reunification programme in 1999, the Guatemalan Mental Health League has been investigating over 1,000 cases of children who have disappeared as a result of the armed conflict. The families which have benefitted from the programme are mainly indigenous families living in rural areas. The Committee also notes the information from the Guatemalan Mental Health League, attached to the Government’s report, indicating that the programme Todos por el Reencuentro receives very limited support from the Government. Moreover, it reports that the National Commission to Search for Disappeared Children has never been established. Expressing its concern at the situation of children affected by armed conflict, the Committee requests the Government to take immediate measures with a view to protecting from the worst forms of child labour children who have been orphaned or have disappeared as a result of the armed conflict. In this respect, it requests the Government to provide detailed information in its next report on the measures adopted and the results achieved, with an indication of the number of children who have benefitted from these measures.

Child domestic workers. In its previous comments, the Committee requested the Government to provide information on the time-bound measures taken in the context of the Plan of Action on the Prevention and Elimination of Child Domestic Labour, with a view to protecting children engaged in domestic work.

The Committee notes the information provided in the Government’s report on the results achieved in the context of the implementation of the programme of action against child domestic labour of the association Proyecto Conrado de la Cruz. According to the Government, between September 2009 and January 2010, the project resulted in the reintegration of 239 children, mostly under the age of 14 years, into the school system and the provision of a grant to enable them to complete their schooling. In addition, 60 families benefitted from financial assistance with a view to preventing children from returning to domestic work. Grants were also provided for 289 children of school age from five different communes with a view to preventing these children from being engaged in domestic work. However, the Committee observes that the Government’s report does not provide information on the results achieved in the context of the implementation of the Plan of Action on the Prevention and Elimination of Child Domestic Labour. The Committee requests the Government to provide detailed information in its next report on the measures adopted and the results achieved in the context of the Plan of Action on the Prevention and Elimination of Child Domestic Labour with a view to the protection of children engaged in domestic work from the worst forms of child labour, the provision for direct assistance for their removal from this work and to ensure their rehabilitation and social integration.

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. It also noted that, according to the 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 adopting 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 notes the Government’s indication that the Secretariat for Social Welfare has implemented various programmes for the socially vulnerable population of the country, such as protection and accommodation programmes and host families. According to the Government’s report, 650 children were accepted in the seven existing accommodation centres in 2009. However, the Committee observes that the Government’s report 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. The Committee further notes that the United Nations Committee on the Rights of the Child, in its concluding observations of 25 October 2010 on the third and fourth periodic reports of Guatemala (CRC/C/GTM/CO/3-4, paragraph 90), expressed concern at the high number of children in street situations. Considering that street children are particularly exposed to the worst forms of child labour, the Committee urges the Government to intensify its efforts for the withdrawal of children from the streets and to ensure their rehabilitation and social integration. It requests the Government to provide information on the measures adopted following the evaluation of the National Plan for the Protection of Boys, Girls and Young Persons in the Streets, and on the number of children removed from the streets and who have received education as a result of the implementation of the Plan.

Indigenous children. Further to its previous comments, the Committee notes that, according to the information contained in the ILO–IPEC technical progress report of June 2010 on the project entitled “Elimination of Child Labour in Latin America (Phase III)”, two programmes of action on child labour among indigenous peoples have been implemented with ILO–IPEC support. It notes that, in the context of these two projects, 474 children of indigenous peoples have been removed from work, of whom 126 were engaged in hazardous types of work. The Committee nevertheless notes that the Government’s report 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. It notes that the United Nations Committee on the Rights of the Child, in its concluding observations of 25 October 2010 on the third and fourth periodic reports of Guatemala (CRC/C/GTM/CO/3-4, paragraph 40), indicates 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. The Committee on the Rights of the Child also notes that the measures taken by Guatemala are not sufficient to eliminate the structural obstacles preventing children belonging to these communities from exercising their full rights. Observing that the children of indigenous populations are frequently victims of exploitation, which takes on very varied forms, and are at risk of being engaged in the worst forms of child labour, the Committee requests the Government to take immediate and time-bound measures to protect these children from the worst forms of child labour. It requests the Government to provide information on the measures adopted and the results achieved.

Article 8. Poverty reduction. The Committee previously noted the information contained in the Government’s second periodic report to the Committee on the Rights of the Child of 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, or 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 effect on the quality of life of children 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 activities, street children and child victims of armed conflict.

The Committee notes the information provided in the Government’s report, indicating that a conditional cash transfer programme, Mi Familia Progresa, has been implemented with a view to improving the level of social protection in the poorest communities in the country. According to the Government’s report, one of the objectives of the programme is to reduce the incidence of child labour. Beneficiary families with children between the ages of 0 and 15 years receive financial assistance to contribute to the education, health and nutrition of their children. The Committee notes with interest that over 500,000 families have benefited from the programme, corresponding to the provision of assistance to nearly 500,000 children under 6 years of age and nearly 1 million children between the ages of 7 and 15. The objective for 2010 of the programme Mi Familia Progresa is to reach out to 800,000 families living in 277 municipalities in the country.

The Committee also notes that combating poverty is one of the objectives to be achieved in the context of the implementation of the “Roadmap” to ensure that Guatemala is a country free from child labour and its worst forms, as prepared by the Government. According to the framework document for the Roadmap, 46.7 per cent of the population of Guatemala were living in poverty in 2006, of whom 22.7 per cent were in extreme poverty. In this respect, the Committee notes that the United Nations Committee on the Rights of the Child, in its concluding observations of 25 October 2010 (CRC/C/GTM/CO/3-4, paragraph 88), expressed concern that the global financial crisis had had a negative impact on children and that families had had to seek new survival strategies, such as the engagement of children in hazardous work and trafficking with a view to the exploitation of their labour. Considering that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee encourages the Government to pursue its efforts and requests it to continue providing information on the results achieved at the conclusion of the “Mi Familia Progresa” programme, as well as the practical measures adopted to combat poverty in the context of the implementation of the Roadmap.