Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

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.

While noting the measures taken by the Government, the Committee expresses concern at the large number of children who work and who are below the minimum age for admission to employment or work, and again urges the Government to intensify its efforts to ensure the progressive elimination of child labour. It requests the Government to take practical measures to strengthen the capacity and expand the reach of the labour inspectorate in its action to prevent and combat child labour, taking into account its important role for the purpose of monitoring the implementation of the minimum age for employment. In this regard, the Committee also requests the Government to provide information on the results 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. The Committee also requests the Government to continue to provide information on the manner in which the Convention is applied in practice, based in particular on statistics on the employment of children under 14 years of age, extracts from the reports of the inspection services and information on the number and nature of the violations reported and the sanctions imposed.

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.

In order to ensure that the law is unambiguous on this point, the Committee requests the Government to take the necessary steps to harmonize the provisions of the Labour Code with Agreement No. 112-2006, Agreement No. 250-2006 and the declaration of the labour inspectorate. To this end, the Committee expresses the firm hope that the draft reform of the Labour Code will be adopted in the very near future so that the national legislation is in conformity with the Convention on this point. It again requests the Government to provide information on the progress achieved in this regard.

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 therefore again urges the Government to take the necessary measures to harmonize the provisions of the national legislation with Article 6 of the Convention so as to establish a minimum age for admission to apprenticeship of 14 years. It requests the Government to continue to provide information on the progress achieved in this respect in its next report.

The Committee is raising other points in a request addressed directly to the Government.