Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Article 7(2) of the Convention. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the measures taken by the Government to improve the functioning of the education system in the country in the context of the plan of action to implement the roadmap to ensure that Guatemala is a country free from child labour and its worst forms. The Committee noted that the survival rate to the last primary grade is low and that the secondary school enrolment rate has remained stable but low since 2008. It therefore requested the Government to continue its efforts to improve the education system and to take measures to increase the school attendance rate and to raise the rate of completion of primary school.

The Committee notes the absence of information on this subject in the Government’s report. It notes that, in its concluding observations of 2014 (E/C.12/GTM/CO/3, para. 24), the Committee on Economic, Social and Cultural Rights notes with concern the limited size of the education budget and the fact that the State party is one of the countries that spends the least on education in Latin America. The Committee on Economic, Social and Cultural Rights also notes with regret that the budget allocation for primary education is not sufficient to cover educational costs, which has led to informal fees being charged in some state schools, in a practice that particularly affects indigenous girls. The Committee also notes that, according to the latest UNESCO estimates, the enrolment rate in secondary education remains low with a rate of 46.9 per cent in 2013 and that the survival rate up to the last level of primary school is only 67.7 per cent. In this respect, the Committee on Economic, Social and Cultural Rights notes with concern, in its concluding observations of 2014, the limited access to secondary education, which increases the risk of child labour (paragraph 18), particularly for indigenous adolescents and young persons (paragraph 26). The Committee on Economic, Social and Cultural Rights also expressed concern at the high drop-out rates in primary education, in particular among girls in rural areas (paragraph 25). Finally, the Committee observes that, according to the UNICEF 2014 annual country report, the school enrolment rate in primary school has fallen sharply in recent years from 96 per cent in 2010 to 88.6 per cent in 2013 and 80 per cent in 2014. UNICEF indicates that this phenomenon may, among other reasons, be explained by the outdated census and a restrictive assessment protocol, as well as limited awareness among parents and the learning practices of teachers (page 22). Considering that education contributes to preventing children from being engaged in the worst forms of child labour, the Committee requests the Government to intensify its efforts to improve the functioning of the education system in the country. In this regard, it requests the Government to take measures to raise the school enrolment rate in primary education, and particularly in secondary education, and to increase the rate of completion of primary education, taking into account the special situation of girls and indigenous children. The Committee requests the Government to provide information on the measures adopted and the results achieved, particularly in the context of the implementation of the roadmap.

Clause (d). Children at special risk. 1. Children affected by armed conflict. The Committee previously noted that children and young persons, particularly indigenous peoples, were affected by the consequences of 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. The Committee noted the slowness and inefficiency of reparation measures, in particular for rehabilitation, compensation, physical and physiological recovery and the social reintegration of children who had been involved in hostilities. Noting the absence of information on this point in the Government’s report, the Committee is bound once again to express its concern at the situation of children affected by armed conflict, and it once again requests the Government to take immediate measures with a view to protecting from the worst forms of child labour children who have been orphaned as a result of the armed conflict. In this respect, the Committee once again requests the Government to provide detailed information on the measures adopted and the results achieved, with an indication of the number of children who have benefited from these measures.

2. Street children. In its previous comments, the Committee noted that the Government had developed a National Plan for the Protection of Boys, Girls and Young Persons in the Streets and that it planned to adopt a national database system. The Committee noted that the Social Welfare Secretariat had implemented various programmes for the socially vulnerable population of the country. Nevertheless, the Committee also noted that the Committee on the Rights of the Child had expressed concern at the high number of children in street situations.

The Committee notes the Government’s indications that 43 integrated care centres have been established throughout the country by the Social Welfare Secretariat with a view to providing food and education to 4,448 working children. Nevertheless, the Committee notes that the Government’s report does not contain precise information on the specific measures taken for street children, on the number of children removed from the streets and those who have benefited from rehabilitation and social integration measures. Considering that street children are particularly exposed to the worst forms of child labour, the Committee once again urges the Government to intensify its efforts to remove children from the streets and to ensure their rehabilitation and social integration. It once again requests the Government to provide information on the measures taken in the context 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.

3. Indigenous children. In its previous comments, the Committee noted the results of the ILO–IPEC activities on child labour among indigenous peoples. It also noted 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. Finally, it noted that the measures taken by Guatemala were not sufficient to eliminate the structural obstacles preventing children belonging to these communities from the full exercise of their rights.

The Committee notes the absence of information on this subject in the Government’s report. The Committee also notes that, according to the report Education for All 2000–2015: Achievements and challenges (2015), UNESCO finds that several ethnic groups, including Q’eqchi’ speakers, are particularly vulnerable to economic and educational deprivation (page 96). Noting that the children of indigenous peoples 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 detailed information on the measures adopted and the results achieved.

Article 8. Poverty reduction. The Committee previously noted the various social programmes established by the Government with a view to breaking the cycle of inter-generational poverty and preventing child labour. It requested the Government to provide information on the specific results achieved through the programmes Mi Beca Segura, Jóvenes Protagonistas, Mi Comedor Seguro and Mi Bolsa Segura and the roadmap for the elimination of child labour.

The Committee notes that the Government’s report does not contain any further information on this subject. It observes that, according to its concluding observations of 2014 (E/C.12/GTM/CO/3), the Committee on Economic, Social and Cultural Rights regrets the alarming level of poverty in rural areas and expresses concern at the limited budget allocated to the Ministry of Social Development (paragraphs 18 and 20). The Committee encourages the Government to continue its efforts and requests it once again to provide information on the specific results achieved though the implementation of the various social programmes administered by the Ministry of Social Development, and on the practical measures adopted to combat poverty in the context of the implementation of the roadmap.