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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 3(b) and 7(1) of the Convention. Use, procuring or offering of a child for the production of pornography or for pornographic performances and sanctions. The Committee notes the Government’s information regarding the adoption of Decree No. 11-2022, amending the Penal Code regarding crimes committed against children and young persons through technological media. It notes with interest that Decree No. 11-2022 adds section 190bis to the Penal Code, criminalizing the use of technical media for contacting children and young persons with the intention of soliciting, or receiving material with sexual or pornographic content, and establishing a sentence of 6 to 12 months in prison for the crime. The Committee notes that the information from the Government that during the period between January 2018 and May 2022, the Office of the Public Prosecutor registered 4 cases of production of child pornography. The Committee requests the Government to provide information on the application in practice of section 190bis of the Penal Code, indicating the number of violations registered, prosecutions carried out and sentences imposed.

Articles 3(d) and 5. Hazardous work and monitoring mechanisms. Production and handling of explosive materials and products. The Committee notes the Government’s indication that awareness-raising activities have continued at departmental level to ensure that minors under the age of 18 years are not employed in the production or handling of explosive materials or products (listed under section 7(a) of Government Agreement 250-2006 as a dangerous activity, prohibited for minors under 18 years of age). The Attorney-General, through the Office of the Procurator for Children and Young Persons, took part in various working groups set up to supervise the manufacture and sale of fireworks in the San Raymundo and San Juan Sacatepéquez townships, where most of such production takes place. The Government further reports that between 2018 and 2021, a total of 2,205 inspection visits focused on identifying child labour in the manufacture and handling of explosives found only 2 minors engaged in this activity in 2018. Noting the considerable reduction in the number of cases of minors under 18 years of age employed in the production and handling of explosive materials, the Committee requests the Government to indicate whether, during visits by the labour inspection services in the sector, any minors have been identified and to give details of the sanctions imposed in such cases.

Article 6. Programmes of action. The Committee notes the adoption of the Public Policy for the Comprehensive Protection of Children and Young Persons 2017–2032, which provides, in its focus area 3 (Special protection), for the protection of children and young persons against exploitation and trafficking and, to that end, includes the strengthening of the Secretariat to Combat Sexual Violence, Exploitation and Trafficking of Persons (SVET) as the coordinating entity for prevention, care and restitution of rights of children and young persons that are victims of crimes of that sort. The Policy also provides for the establishment of a Specialized Centre for Care and Restitution of Rights of Children and Young Persons that are victims of sexual violence, exploitation and trafficking of persons. The Committee requests the Government to provide information on the measures adopted under focus area 3 of the Public Policy for the Comprehensive Protection of Children and Young Persons 2017-2032 to prevent and eliminate the trafficking of children.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes the adoption of the “Entre” strategy, designed to promote the successful transition of children through first to sixth grade, and prevent school dropout. School meal programmes have been implemented, and educational material, including material in the indigenous Maya, Garifuna and Xinca languages have been provided. Grants have also been made available to a total of 91,115 students for mid-level and first cycle education between 2017 and 2020. The Committee notes from the information provided in the Ministry of Education Annual Statistics, that the net coverage rate for primary education stood at 95.04 per cent in 2021; while that for basic secondary education stood at 47.87 per cent. For primary education, the repetition rate was 1.10 per cent with a dropout level of 3.13 per cent. For basic secondary education, the repetition rate was at 2.30 per cent, and the dropout rate was 8.94 per cent. The Committee requests the Government to continue to provide information on the measures taken to ensure access to free basic education for all children, and in particular to increase the coverage of basic secondary education. It also requests the Government to continue to provide updated statistics on school enrolment, attendance and completion rates for children up to basic secondary education, disaggregated by urban and rural sectors.

Clause (d). Children at special risk. Street children. The Committee notes the detailed information provided by the Government on the actions aimed at the social insertion of street children in various departments in the country. Between January 2018 and March 2022, 122 street children who were victims of begging were rescued, while 29 cases of social insertion of street children were attended to. By April 2022, a total of 120 children and 164 children of between 12 and 14 years of age were in special foster care and sheltered accommodation. The Programme for Educational Reinforcement and Prevention of Homelessness was also in operation; that Programme provides accompaniment for children aged between 7 and 12 years from 12.30 p.m. to 4 p.m. to reduce the social risk to which children are exposed when unsupervised by parents or carers. The Committee requests the Government to continue providing information on removing street children from the worst forms of child labour and ensuring their rehabilitation and social reintegration, giving the number of children that have been so removed and rehabilitated.

Children belonging to indigenous peoples. The Committee notes the Government’s indication that the Departmental Committees for the Prevention and Eradication of Child Labour (CODEPETIS) have an Operational Guide that focuses on cultural relevance and includes activities to prevent and eradicate the worst forms of child labour amongst the indigenous populations, which are undertaken jointly with the indigenous peoples. Between 2018 and 2021, 107 workshops were also held in various departments in the country with a view to protecting children belonging to indigenous peoples from exposure to the risk of engagement in the worst forms of child labour. The Committee requests the Government to continue to provide information on the measures adopted jointly with the indigenous peoples, to protect children belonging to the indigenous peoples from engagement in the worst forms of child labour.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 3(a) and 7(1) of the Convention. Worst forms of child labour and sanctions. Sale and trafficking of children for sexual exploitation. The Committee notes the Government’s indication in its report that under the Public Prosecutor’s Strategic Plan for 2019–2023 action has been taken to strengthen the capacities of prosecutors to carry out effective investigation and prosecution of perpetrators of trafficking of children. The inter-institutional technical board for the investigation and prosecution of traffickers from abroad has also been implemented. Police officers have been trained in the protection of children and young persons in a migrant context, especially where the children have been abducted.

The Committee notes that in the period between January 2018 and May 2022, 120 cases of trafficking of persons involving minors under 18 years of age had been registered and were under investigation. During the same period, the Prosecutor charged 93 persons with the trafficking of children under 18 years of age (section 202 ter of the Penal Code, as amended by the Act against Sexual Violence, Exploitation and Trafficking of Persons, 2009), with 14 convictions handed down. The Committee also notes with interest the creation of new courts of the first instance and of courts specialized in crimes of trafficking of persons in eight departments with a high incidence of trafficking of persons for commercial sexual exploitation (Suchitepéquez, Retalhuleu, Sololá, Quiché, Totonicapán, Huehuetenango, San Marcos and Quetzaltenango).The Committee encourages the Government to continue to take measures to strengthen the capacities of the bodies responsible for enforcing the law with a view to ensuring exhaustive investigations and effective prosecution of perpetrators of trafficking of minors under 18 years of age for sexual exploitation. It requests the Government to provide information on: (1) the functioning of the newly established courts, and (2) the number of investigations, prosecutions and convictions under section 202 ter of the Penal Code regarding trafficking of persons under 18 years of age for the purpose of sexual exploitation.

Forced child labour. The Committee notes that the Government indicates that during the period between January 2018 and April 2022 a total of 340 minors under 18 years of age were identified in a situation of labour exploitation, begging and forced labour. During the same period, six judgements for the crime of trafficking in children for labour exploitation were handed down, of which two were acquittals. Moreover, the Committee notes that the national police force is carrying out joint operations with the Ministry of Labour to combat forced child labour in shops and tortilla factories. The Committee requests the Government to continue to take the necessary measures to identify, prosecute and sentence persons responsible for placing children in a situation of forced labour, including begging, and to provide information in that connection.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from these forms of labour and ensuring their rehabilitation and social integration. Sale and trafficking of children and commercial sexual exploitation. The Committee notes the Government’s indication that under the National Plan for the Prevention of Crimes of Sexual Violence, Exploitation and Trafficking of Persons and Commercial Sexual Exploitation, activities were carried out to raise the awareness of and inform 270,882 children and young persons. Between January 2018 and May 2022, the Social Welfare Secretariat ran 252 prevention workshops to combat commercial sexual exploitation of minors, with participants from the indigenous communities. The Committee also notes the Government’s indication that new bodies have been included in the National Board for the Prevention of and Protection against, Sexual Exploitation of Children and Young Persons in Activities related to Travel and Tourism, established in 2013, including hotel associations and the Guatemalan Airlines Association. To date, 3,692 enterprises have adhered to the Code of Conduct for the prevention of, and protection against, sexual exploitation of children and young persons in travel and tourism. A national campaign “Protecting our greatest treasure” (“Protegiendo Nuestro Mayor Tesoro”) against the sexual exploitation of children and young persons in activities connected to tourism has been under way since 2017.

Finally, the Committee notes that between January 2018 and March 2022, 99 minors under the age of 18 years were rescued from commercial sexual exploitation and 13 victims of child pornography. From 2020–21, care and protection were provided in shelters to 150 children and young victims of trafficking in persons. The care included psychological, medical, legal, pedagogical and social support. The Committee encourages the Government to continue taking the necessary measures to combat the sale and trafficking of children and the commercial sexual exploitation of children, and to withdraw, rehabilitate and reintegrate child victims of the worst forms of child labour. In that connection, it requests the Government to continue to provide information on the direct assistance programmes for child victims of the trafficking of persons and commercial sexual exploitation that have been carried out, and their results, giving details of the number of victims that have been rehabilitated and socially integrated.

Article 8. International cooperation. Trafficking of children. The Committee notes the updating of the Inter-Institutional Protocol for the Repatriation of Victims of Trafficking, which has two strands: the procedure for the repatriation of Guatemalans, who are or may be victims of trafficking of persons abroad; and the procedure for the repatriation of foreigners, who are or may be victims of trafficking of persons identified in Guatemala. Under the Protocol, 34 child and young person victims of trafficking have been repatriated. The Committee encourages the Government to continue taking the necessary measures to repatriate child victims of trafficking in persons, whether from Guatemala back to their countries of origin or from abroad back to Guatemala, and requests it to continue providing information on the number of children that have been repatriated. It also requests the Government to provide information on the measures adopted as part of international cooperation to prevent trafficking in persons under the age of 18 years.

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

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the joint observations of the International Organisation of Employers (IOE) and the Coordinating Committee of Agricultural, Commercial, Industrial and Financial Associations (CACIF), received on 1 September 2018.

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. In its previous comments, the Committee noted that, according to the UNICEF 2014 annual country report, the school enrolment rate in primary school had fallen sharply in recent years, from 96 per cent in 2010 to 88.6 per cent in 2013 and 80 per cent in 2014. The Committee requested the Government to intensify its efforts to improve the functioning of the education system in the country.

The Committee notes that the joint observations of the IOE and the CACIF indicate that the Government has prepared a road map for the prevention and elimination of the worst forms of child labour and that the strategy of the Ministry of Education (MINEDUC) is to integrate the Network of enterprises for the prevention and eradication of child labour “Los niños y las niñas a la escuela”, established in 2015. The Network of enterprises for the prevention and eradication of child labour, with a policy of “zero tolerance of child labour”, is active in strengthening the primary and secondary school system, among other measures. Furthermore, in 2007, employer representatives were nominated as focal point for the Latin America and the Caribbean free of child labour regional initiative and, in that context, participate in regional initiatives for the eradication of child labour. During the fifth Congress of the CACIF in 2018, the Global Apprenticeship Network (GAN Guatemala) was pre-launched as a coalition of committed enterprises, international organizations and occupational organizations which have come together to create programmes to prepare youth for the labour market and to encourage the development of vocational skills for the benefit of enterprises and youth.

The Committee notes in the Government’s report the analysis of the survey on living conditions (ENCOVI 2014) on child labour and its worst forms. According to this report, 75.6 per cent of children and young persons between the ages of 7 and 17 years are at school, of whom 11.3 per cent also work. The percentage of children at school between the ages of 7 and 9 years is 87.5 per cent, while the figure for children at school between the ages of 10 and 13 years is 87.4 per cent and 56.15 per cent of children between the ages of 14 and 17 years, are at school.

The Committee notes the information in Annex 19 of the Government’s report concerning the progress in relation to the road map, and particularly component three, “Guaranteeing the right to education of children and young persons, and particularly of children at risk of the worst forms of child labour”. With regard to primary education, the MINEDUC has provided teaching materials for all school centres and family economy support and compensation programmes have been implemented free of charge. In addition, the Adult Education by Correspondence Programme (PEAC) has trained young persons and adults to achieve primary school level.

The Committee notes the existence of “filter teams” in the Office of the Public Prosecutor in coordination with MINEDUC with a view to identifying child victims of labour exploitation with a view to the provision of material resources and support so that they do not drop out of school. Considering that education is key in preventing children from being engaged in the worst forms of child labour, the Committee once again requests the Government to continue its efforts to improve the operation of the education system in the country. In this regard, it requests the Government to take measures to increase the attendance rate in primary education and secondary education, and to increase the rate of completion of primary education, and also to continue providing information on the results achieved through the measures adopted, especially in the framework of the implementation of the road map. Please provide information disaggregated by age and gender.

Clause (d). Children at special risk. 1. Children affected by armed conflict. In its previous comments, the Committee noted that, according to official estimates, 200,000 children had been orphaned and over a million persons were internally displaced in the country as a result of the conflict. The Committee requested the Government to take immediate measures to protect children orphaned by the armed conflict from the worst forms of child labour.

The Committee notes that Secretariat for Peace of the Office of the President of the Republic of Guatemala (SEPAZ), created by Decree No. 17-97 of the Congress, is the government agency with the mission of ensuring respect and follow-up to the peace agreements. The SEPAZ has developed the Political Agenda for Peace 2017–26. Commitment No. 11 of the Agenda refers to “the protection of families with woman heads of household, including widows, and the protection of orphans”. The national programme of compensation for child victims of the conflict has the objective of “ensuring the recovery, compensating, assisting, rehabilitating and ensuring dignity to those who have been victims of violation of children’s rights”. The following measures have been taken for the most vulnerable: (i) diagnoses of the principal psycho-social problems and comprehensive assistance with priority on vulnerable groups, education and heritage recuperation programmes, recognition of the facts and responsibilities in relation to them; (ii) the establishment of spaces to discuss experiences; (iii) seeking means of access to justice; and (iv) the promotion of mental health at the community level and the training of community and institutional health personnel of the Ministry of Public Health and Social Assistance (MSPAS). The National compensation programme has also developed a historical memory education project with MINEDUC for children and young persons.

Finally, the Committee notes, in the concluding observations of 2018 of the Committee on the Rights of the Child, in relation to the Convention on the Rights of the Child, the recommendation to the Government that it is necessary to strengthen activities for the prevention of the recruitment of children by non-State armed groups, including maras and drug traffickers, by addressing the root causes, such as situations of poverty, economic exclusion and discrimination (CRC/C/GTM/CO/5-6, paragraph 48(b)). While noting the measures taken by the Government, the Committee requests it to continue adopting measures to protect children orphaned as a result of the armed conflict against the worst forms of child labour. In this regard, the Committee requests the Government to provide detailed information on the results achieved through the measures adopted, with an indication of the number of children who have benefited from these measures.

2. Street children. Further to its previous comments, the Committee notes that the National Plan for the Protection of Street Children 2004–14 was developed by the Secretariat for Social Affairs (SBS) and the Social Movement for the Rights of Children and Young Persons in Guatemala. In January 2012, the SBS participated in the programme for street children and young persons, which had only one street educator to carry out its activities. The main role of the street educator was to carry out visits by day and night, principally in zone 1 of the capital and around the various centres, with a view to detecting children and young persons in the streets and approaching them for their inclusion in the programme, so as to remove them from the streets and detect the emergence of new cases.

However, the Committee notes that, since 2015, the SBS has not been directly addressing the problem of children and young persons in street situations. Solely for preventive purposes, children at risk between 8 months and 6 years of age are provided with care through the programme of comprehensive care centres (CAI), which has 42 centres throughout the country providing tutorials and school catch up courses. The programme for educational reinforcement and prevention (REPREDEC) only operates in the afternoon, in the centres, and provides para-school assistance for children between 7 and 12 years of age with a view to preventing them from staying in the streets once they leave school, when their parents are still working. Considering that street children are particularly exposed to the worst forms of child labour, the Committee encourages the Government to intensify its efforts to remove children from the streets and to ensure their rehabilitation and social integration. It requests the Government to provide information on the measures taken within 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 who have received instruction.

3. Indigenous children. In its previous comments, the Committee noted that, according to the 2015 report Education for All 2000–2015: Achievements and challenges, UNESCO found that several ethnic groups including Q’eqchi speakers are particularly vulnerable to economic and educational deprivation (page 96). The Committee requested the Government to take immediate and time-bound measures to protect these children against the worst forms of child labour.

The Committee notes that the Indigenous Development Fund (FODIGUA) facilitates the access of indigenous communities to technology with a view to their integration in the education system. In 2014, a total of 22,445 girls and boys benefitted from this programme, while in 2015, the 83 education centres in 83 indigenous communities provided IT materials and training to 22,409 children and young persons. Other activities have been undertaken by the FODIGUA, such as the rehabilitation or construction of new physical spaces for the continued education of boys and girls in indigenous rural areas. Noting that the children of indigenous peoples are particularly exposed to the risk of being engaged in the worst forms of child labour, the Committee requests the Government to continue taking immediate and time-bound measures to protect these children from the worst forms of child labour. It requests the Government to continue providing detailed information on the measures taken and the results achieved.

Article 8. Poverty reduction. The Committee notes in the Government’s report the statistics of the national survey of living conditions (ENCOVI), according to which 22.8 per cent of boys, girls and young persons in extreme poverty were engaged in work in 2014. The Committee notes the various programmes of grants which are being implemented, including: (i) the programme Mi Beca Segura, Beca Educaciόn Media, which consists of conditional cash transfers with shared responsibility (in relation to health and education) for families in a situation of poverty or extreme poverty with children between the ages of 6 and 14 years, with a view to promoting their school enrolment and attendance at the pre-primary and primary levels; (ii) the programme of social grants Mi Beca Segura, Beca Mi Primer Empleo, which is intended to facilitate the integration of young persons living in poverty or extreme poverty and unemployment into the formal labour market through temporary recruitment in an enterprise as an apprentice; (iii) the programme Mi Comedor Seguro, which consists of providing rations of food for breakfast and lunch at a subsidized cost to enable students to have access to food. In 2017, the programme had 21,037 beneficiaries; (iv) the social programme Mi Bolsa Segura was established in 2012 by Ministerial Decision No. 02-2012 and reformed by Ministerial Decision DS-07-2015. Between 2016 and 2017, this grant benefitted 15,753 students; and (v) the programme Jovenes protagonistas, which targets and encourages school attendance by young persons in a situation of vulnerability and social risk due to their poverty, through education. In 2017, the programme was extended to cover 15 departments, 78 municipal areas and 109 schools.

The Committee also notes the measures and practices adopted by the Ministry of Social Development to combat poverty in the context of the implementation of the road map 2016–20. In 2017, the “child labour” variable was included in the identification list of social programmes (FIPS) so that the institutions which are part of the National Information System (SNIS) can transmit data to the Single Register of National Users in the field of child labour (RUUN). The Social Promotion Department carried out two training courses on feeding data on child labour in the SNIS in coordination with the sectorial technical committee, the Ministry of Labour and Social Affairs and the Social Promotion Department. The coordinator of the CODEPETIs was invited to the ordinary and extraordinary meetings in the various departments on the subject of the eradication of child labour. The Committee encourages the Government to continue its efforts and requests it to continue providing information on the specific results achieved through the various social programmes undertaken by the Ministry of Social Development, and on the practical measures taken to combat poverty within the context of the implementation of the road map.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the joint observations of the International Organisation of Employers (IOE) and the Coordinating Committee of Agricultural, Commercial, Industrial and Financial Associations (CACIF), received on 1 September 2018.

Articles 3(a) and 7(1) of the Convention. Sale and trafficking of children for commercial sexual exploitation, and penalties. In its previous comments, the Committee noted the persistence of the problem of trafficking of children under 18 years of age for commercial sexual exploitation and the allegations of the complicity of law enforcement officers with persons engaged in the trafficking of persons. The Committee requested the Government to pursue its efforts to ensure that thorough investigations and robust prosecutions are carried out against the perpetrators of trafficking of children under 18 years of age for commercial sexual exploitation, and against officials who are complicit in such acts.

The Committee notes the joint observations of the IOE and the CACIF, which indicate that, according to the latest report of the United States Department of Labor (USDOL) on child labour and the worst forms of child labour, in 2016 Guatemala was recognized as one of the 23 countries, out of the 135 countries examined, which had made significant progress in the eradication of the worst forms of child labour. The joint observations of the IOE and CACIF also indicate that the Government has re-established the Inter-Institutional Committee to Combat Trafficking in Persons and that it has associated with the National Centre for Disappeared and Exploited Children, which collaborates directly with technological enterprises to obtain evidence of pornography and the trafficking of children.

The Committee notes that, according to Annex No. 1 and Annex No. 2 of the Government’s report, the statistical information for 2015 to 2017, provided by the Office of the Prosecutor against trafficking in persons, indicates that between 2015 and the first half of 2017 a total of 434 investigations were conducted into offences relating to trafficking in persons in which 314 young persons, including 283 girls and 31 boys, and 110 children, including 64 girls and 46 boys, were involved. According to the Centre for Judicial Information, Action and Statistics, a total of 682 cases of trafficking in persons and other related violations were recorded in the judicial sector between 2015 and February 2018. The Government emphasizes that, with regard to prosecutions against complicit officials, these crimes are not covered by the statistics, as institutional registers always endeavour to disaggregate this type of variable, among others. Similarly, the Office of the Prosecutor against trafficking in persons indicated that one public official has been detained and convicted to a sentence of 22 years of imprisonment. Between 2017 and February 2018, a total of 197 judicial rulings were made on the trafficking of persons for commercial sexual exploitation, of which 69 concerned minors. However, the Committee notes the absence of information on the penalties imposed as a result of these court rulings.

The Committee also notes the action taken by the national police force in relation to the recording of cases of sexual exploitation. The department specialized in children and young persons of the national civil police currently has three protocols respecting police intervention in procedures involving children and young persons, so that appropriate action can be taken during procedures involving girls, boys and young persons who are victims of sexual exploitation. The Committee once again requests the Government to pursue its efforts to ensure that thorough investigations and robust prosecutions are carried out against those responsible for trafficking of children under 18 years of age for commercial sexual exploitation, and that effective and sufficiently dissuasive penalties are imposed in practice. It requests the Government to continue providing detailed information, disaggregated by age and gender, on the number of investigations, prosecutions and convictions of persons engaged in the sale and trafficking of children under 18 years of age for commercial sexual exploitation. Please provide information on the number and nature of the penalties imposed.

Articles 3 and 5. Worst forms of child labour and monitoring mechanisms. Clause (d). Hazardous types of work. Production and handling of explosive materials and products and labour inspection. In its previous comments, the Committee noted the reduction in the number of children engaged in the manufacture, preparation and handling of explosive substances and products and fireworks. However, the Committee requested the Government to continue taking the necessary measures to ensure that persons under 18 years of age are not engaged in this sector.

The Committee notes the statistics of the Ministry of Labour for the period between 2015 and 2017, according to which 20,858 young persons were provided with assistance by the Young Workers Protection Unit (UPAT) and were informed of their labour rights and the minimum age for admission to employment. Similarly, the Ministry of Labour and Social Welfare, through the General Labour Inspectorate, carried out 6,686 inspections in 2015 in the agricultural, African palm, hotels and restaurants and fireworks and pyrotechnical games production and distribution sectors. During these inspections, 68 workers under 18 years of age were detected, including 47 young persons between 14 and 17 years of age and 21 children below 13 years of age.

The Committee notes the action taken by the General Labour Inspectorate to ensure that persons under 18 years of age are not engaged in the firework sector. In 2015, out of 750 inspections, one young person was detected in the sector. In 2016, out of 662 inspections by the labour inspection services in the firework sector, two cases were identified of young persons under 18 years of age in the sector, and in 2017, although 534 inspections were made in the firework sector, no cases of child labour were identified. The Committee notes with interest the Government’s indication in its report that there has been a reduction in the number of persons under 18 years of age engaged in this type of activity, particularly as a result of the operations carried out annually by the labour inspection services.

The Committee notes the Government’s statistics on complaint procedures. In 2017, out of 62 complaints, 39 led to a legal proceeding, while in 2018, of the 25 complaints made, 19 led to a legal proceeding. The Committee notes the indications concerning the penalties imposed following labour inspections. Prior to 2016, the Government indicates that it was not possible to monitor strictly the number of penalties imposed to combat child labour. However, the Committee takes due note of Decree No. 7-2017 of June 2017, amending the Labour Code, which empowers the General Labour Inspectorate to impose the corresponding penalties in the event of violations of labour rights. Administrative decisions in relation to penalties are in abeyance, due to a procedure brought before the Comptroller General. The Committee requests the Government to continue taking the necessary measures to ensure that persons under 18 years of age are not engaged in this sector. It also requests it to indicate the number of inspections carried out in this sector and the nature of the violations reported and the penalties imposed as a result of the inspections. The Committee also requests the Government to provide information on the reasons why many complaints did not give rise to legal proceedings, and to provide information on the specific measures taken in this respect and the results achieved.

Article 6. Programmes of action. National Plan of Action to Combat the Commercial Sexual Exploitation of Children. In its previous comments, the Committee noted that the National Plan of Action to Combat the Commercial Sexual Exploitation of Children was being revised, but that the Social Welfare Secretariat was not able to implement the Plan of Action in view of the inadequacy of the budget allocated. The Committee noted that the activities envisaged in the Plan of Action had not been carried out. It also urged the Government to take immediate and effective time-bound measures to combat the commercial sexual exploitation of children under 18 years of age.

The Committee notes from the Government’s report that the policy for the judicial protection of girls, boys and young persons was adopted on 8 July 2015 by a plenary session of the Supreme Court of Justice. Its approval was validated by the signature of a declaration by the judicial authorities, the United Nations Children’s fund (UNICEF) and the Education Institute for Sustainable Development (IEPADES). The objective of the policy is to have a political and planning document as a basis for strengthening the capacity of judicial officials to ensure the rights of girls, boys and young persons. The Committee also notes the development of an IT system entitled “System for recording measures for girls, boys and young persons” in relation to the commercial sexual exploitation of children and the provision of training for judges of the peace, judges in juvenile courts and magistrates.

The Committee notes that the Secretariat to Combat Sexual Violence, Exploitation and Trafficking in Persons (SVET) has implemented an Inter Institutional Action Protocol for an immediate response to cases of sexual exploitation of children and young persons in tourism. The Government also emphasizes the implementation of the NO PERMIT campaign, through which personnel in the tourism sector have undergone awareness-raising, the “Do not trust grooming, Online seduction” campaign, as well as the Government’s participation in the WePROTECT Global Alliance to bring an end to sexual exploitation of children online. The Committee requests the Government to continue taking immediate and effective time-bound measures to combat the commercial sexual exploitation of children under 18 years of age. It requests the Government to continue providing information on this subject.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from these forms of labour and ensuring their rehabilitation and social integration. Commercial sexual exploitation and trafficking for that purpose. In its previous comments, the Committee noted that a public policy to combat trafficking in persons and for the comprehensive protection of victims 2014–24 had been prepared by the Inter-Institutional Committee to Combat Trafficking in Persons (CIT) and adopted by Executive Decision No. 306-2014. It requested the Government to provide information on the measures adopted or envisaged in the context of the implementation of the public policy with a view to combating trafficking in persons and ensuring comprehensive protection for victims (2014–24), the Inter-Institutional Protocol and the road map.

The Committee notes the Government’s statistical data, according to which, in 2016, child victims of trafficking were mainly intended for labour exploitation (153 victims, most of whom were between 3 and 17 years of age), sexual exploitation (28 victims, mainly between 12 and 17 years), and forced begging (19 victims, mainly between 3 and 14 years of age). In 2017, there were 99 child victims, mainly engaged in labour exploitation (54 victims, mainly between 3 and 17 years of age) and sexual exploitation (31 victims, mainly between 12 and 17 years of age), while there were fewer child victims of forced begging. The Committee also notes the complaints lodged by the Directorate of the Office of the Prosecutor for children and young persons with the Office of the Public Prosecutor concerning trafficking in children, which numbered 154 in 2016 and 281 in 2017. Furthermore, the operational unit of the Alba-Keneth alarm system of the Office of the Public Prosecutor has been involved since 2010 in seeking and identifying disappeared or abducted children and young persons. Between 2015 and 2017, the alarm system identified 77 cases of girls and 10 cases of boys, most of whom were between 12 and 17 years of age.

The Committee notes from the Government’s report the various types of action taken for the prevention of trafficking in persons and the protection of children. The child care programme, entitled “Community Households”, of the Presidential Secretariat for Social Work (SOSEP), which has been active since 1993, has the objective of facilitating the comprehensive development of girls and boys under 7 years of age. In 2016, a total of 11,879 children, compared with 2,889 children in 2017, benefited from its services. Furthermore, the SVET made efforts to reinforce comprehensive care for victims in its three temporary shelters, particularly by reinforcing comprehensive care programmes with medical, psychological and social assistance, assistance for the development of a life project, technical and vocational training, academic education, educational support, nutritional care and accommodation. The shelters have multidisciplinary teams of professionals who provide services to victims of trafficking in persons. Between 2015 and 2017, a total of 1,079 children benefited from these services.

The Committee notes the reactivation and reinforcement by the SOSEP of departmental networks to combat sexual violence, exploitation and trafficking in persons which have been established by departmental governments, municipal authorities, the social sector and public institutions. The Committee notes that the SVET has developed tools, including a register of social assistance, a collection of instruments relating to trafficking in persons and a guide on the identification of victims of trafficking in persons. According to SVET statistics, the Government has carried out action to provide care and protection to 577 children and young persons who are victims of trafficking between 2015 and 2017. While noting the measures taken by the Government, the Committee requests it to pursue its efforts to prevent the engagement of children in the worst forms of child labour and to remove them from such forms of labour, and particularly to prevent them from becoming victims of commercial sexual exploitation or trafficking for this purpose. The Committee also requests the Government to continue providing the necessary and appropriate direct assistance for the removal of children from these worst forms of child labour. Finally, the Committee requests the Government to continue providing information on the measures adopted in the context of the implementation of the public policy to combat trafficking in persons and ensure comprehensive protection for victims (2014–24), the Inter Institutional Protocol and the road map.

Article 8. International cooperation. Trafficking of children for commercial sexual exploitation. In its previous comments, the Committee noted that, according to the report of the Special Rapporteur on the sale of children, child prostitution and child pornography (A/HRC/22/54/Add.1, paragraph 107), the Government was implementing a programme of protection and comprehensive assistance for the repatriation and reintegration of children intercepted by the United States and Mexican authorities. The Committee requested the Government to indicate the measures taken to ensure the rehabilitation and social integration of child victims removed from trafficking for commercial sexual exploitation in their country of origin, including under the programme referred to above, and in the context of the implementation of the Inter-Institutional Protocol for the repatriation of victims of trafficking and the activities of the SVET. The Committee also invited the Government to avail itself of ILO technical assistance, particularly for the implementation of the activities of the National Commission for the Eradication of Child Labour (CONAPETI) and the SVET.

The Committee notes the various institutions outside the SVET and the Ministry of Social Affairs which collaborate on cases of trafficking in persons, such as the General Directorate of Migration, the General Directorate of Civil Aviation, the Office of the Human Rights Mediator, the trafficking in persons unit of the national civil police, the Ministry of Foreign Affairs, the Office of the Prosecutor General, the Office of the Public Prosecutor, with the collaboration of the International Organization for Migration (IOM).

With reference to repatriated minors, the Committee notes that in 2016 there were 57 repatriated minors, including 37 boys and 20 girls, of Mexican, El Salvadorian, Nicaraguan and Honduran nationality. In 2017, a total of 76 repatriated minors were recorded, including 51 boys and 25 girls of United States, Honduran, Mexican and El Salvadorian nationality. The Government emphasizes that the flow of migrants was considerably smaller in 2017.

The Committee takes due note of the technical assistance that the Government has received from the ILO for the preparation of the road map, and for its revision, formatting and publication, as well as for the preparation of the report on child labour in Guatemala and for the National Survey of Living Conditions (ENCOVI, 2014), among other initiatives. The Committee once again requests the Government to indicate the measures adopted to ensure the rehabilitation and social integration of child victims removed from trafficking for commercial sexual exploitation in their country of origin, within the context of the implementation of the Inter Institutional Protocol for the repatriation of victims of trafficking and the activities of the SVET. It also requests it to indicate the number of child victims of trafficking who have been repatriated. The Committee invites the Government to continue to avail itself of ILO technical assistance, particularly for the implementation of the activities of the CONAPETI and the SVET.

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

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

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.

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

Article 3(a) and 7(1) of the Convention. Sale and trafficking of children for commercial sexual exploitation and penalties. The Committee noted previously the adoption of Decree No. 9/2009 issuing the Act against sexual violence, exploitation and trafficking in persons. The Committee also noted the persistence of the problem of trafficking of children under 18 years of age for commercial sexual exploitation and allegations of the complicity of law enforcement officers with persons engaged in the trafficking of persons. The Committee noted that 106 cases relating to child victims of trafficking had been brought to the knowledge of the judicial authorities (out of 294 cases) between 2009 and 2012, with 38 rulings resulting in ten convictions.

The Committee notes the Government’s indication that there is a General Labour Inspectorate Protocol for the detection and referral of cases of trafficking of persons, which is a tool for the identification, referral and denunciation of cases. It also notes that a letter of understanding was signed with UNICEF in July 2015 with a view to strengthening the competencies and capacities of judicial bodies in relation to children, young persons, the family and criminal offences. The Committee notes the statistics from the judicial authorities concerning the cases of trafficking of persons registered, namely a total of 125 cases in 2013 (including 24 girls and young women and 11 boys and young men), 119 cases in 2014 and 51 cases in 2015 (from January to June). The Government also reports 44 convictions in 2014 and 26 in 2015 (from January to June). The Committee further notes that, in its report on the Minimum Age Convention, 1973 (No. 138), the Government refers to statistics of the Attorney-General, according to which 380 minors were saved, including four victims of trafficking and one victim of sexual exploitation. The Committee however observes that the information provided by the Government does not systematically specify the number of rulings and convictions relating to the sale and trafficking of children under 18 years of age for commercial sexual exploitation and the officials complicit in these acts, and does not indicate the types of penalties imposed. The Committee also notes that, according to the 2014 Trafficking Report of the Human Rights Prosecutor, the Office of the Public Prosecutor identified 548 victims of trafficking, including 139 children and young persons (including 112 girls and young women), with the indication that 195 cases were not classified. The report also refers to 306 cases of denunciations of trafficking being opened between 2010 and 2014, including 98 in 2014. Of these cases, 79 per cent concern children and young persons and 52 per cent relate to the sexual exploitation of children and young persons. Finally, the Committee notes that, according to the 2013 report of the Special Rapporteur on the sale of children, child prostitution and child pornography (A/HRC/22/54/Add.1, paragraph 15), Guatemala is a source, transit and destination country for child victims of sexual exploitation and forced labour. While noting the statistics on the application of Decree No. 9/2009, the Committee requests the Government to pursue its efforts to ensure that thorough investigations and robust prosecutions are carried out against the perpetrators of trafficking of children under 18 years of age for commercial sexual exploitation, and against officials who are complicit in such acts. It also requests the Government to continue providing detailed information, disaggregated by age and sex, on the number of investigations, prosecutions, convictions and sanctions imposed on persons engaging in the sale and trafficking of children under 18 years of age for commercial sexual exploitation.

Articles 3 and 5. Worst forms of child labour and monitoring mechanisms. Clause (d). Hazardous types of work. Production and handling of explosive materials and products and labour inspection. The Committee previously noted the measures taken by the Government to combat child labour in the fireworks sector. It also noted that the national legislation prohibits work by persons under 18 years of age in the manufacture, preparation and handling of explosive substances and products, and the production of explosives or fireworks. Finally, the Committee noted that the labour inspectorate had been obstructed in the discharge of its duties and that 16 cases of violations had been reported and referred to the labour tribunal. The Committee requested the Government to take immediate and effective measures to ensure that persons under 18 years of age are not engaged in the fireworks sector and to intensify its efforts to conduct inspections in all firework factories.

The Committee notes the Government’s indications that Circular No. 09 2014 has been adopted for labour sub-inspectors, directors and departmental delegates to inform them of the verification procedures in the context of operational plans on child labour, warnings and the contact details of the national civil police force for support, in accordance with Ministerial Agreement No. 106-2011 (Rules of Procedure in the event of the obstruction of labour inspectors in the discharge of their duties). The Committee also notes the adoption of Circular No. 16-2005, which includes directives for the inspection plan for individuals and associations in which children and young persons are reported to be working, including in the worst forms of child labour or under inadequate conditions. The Government indicates in this regard that in 2012 a total of 11 children were detected in the manufacture, preparation and handling of fireworks and explosive substances, and two children in 2013. In 2014, the Government indicates that six warnings were issued. The Committee observes that 492 enterprises are indicated under the heading “not applicable”, without the meaning of this heading being specified. While noting the decrease in the number of cases of children engaged in the manufacture, preparation and handling of explosive substances and products, and in the production of explosives and fireworks at home, the Committee requests the Government to continue taking the necessary measures to ensure that persons under 18 years of age are not engaged in this sector. The Committee also requests the Government to provide information on the specific measures taken in this connection and the results achieved. Finally, it requests it to indicate the number of inspections carried out in this sector and the nature of the violations reported and the penalties imposed as a result of such inspections, with an indication of the meaning of the headings used in the operational plans.

Article 6. Programmes of action. National Plan of Action to Combat the Commercial Sexual Exploitation of Children. In its previous comments, the Committee noted that the National Plan of Action to Combat the Commercial Sexual Exploitation of Children was being revised, but that the Social Welfare Secretariat was not able to implement the Plan of Action in view of the inadequacy of the budget allocated. The Committee requested the Government to provide information on the programmes of action developed in the context of the implementation of the Plan of Action.

The Committee notes the Government’s indication that the activities envisaged in the Plan of Action have not been carried out. It notes the information contained in the 2013 Trafficking Report of the Human Rights Prosecutor, according to which the strategies set out in the Plan have been included in the Comprehensive Protection Policy and in the National Plan of Action for Children and Young Persons 2004–15, which includes the objective of evaluating the results of the National Plan of Action to Combat the Commercial Sexual Exploitation of Children, but that it has not yet been given effect (page 13). The Committee therefore urges the Government to take immediate and effective time-bound measures to combat the commercial sexual exploitation of children under 18 years of age. It requests it to provide information on this subject.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from these forms of labour and ensuring their rehabilitation and social integration. Commercial sexual exploitation and trafficking for that purpose. Further to its previous comments, the Committee notes the Government’s indication that a Public Policy against Trafficking in Persons and the Comprehensive Protection of Victims 2014–24 has been drawn up by the Inter-institutional Committee to Combat Trafficking in Persons (CIT) and adopted by Executive Agreement No. 306-2014. This policy includes the strategic objectives of developing a plan for the implementation of effective prevention mechanisms, institutional management and coordination to provide care for victims. The Committee also notes the Inter-institutional Protocol for the care of victims of trafficking in persons drawn up by the Secretariat for Foreign Affairs and the Social Welfare Secretariat, which was approved by the Secretariat to Combat Sexual Violence, Exploitation and Trafficking in Persons (SVET). The Government adds that the department of Quetzaltenango has established a support programme for girls and young women who are victims of gender-based sexual violence, including care for young women who are victims of trafficking. The Committee further notes the Government’s indication, according to its report on the application of the Forced Labour Convention, 1930 (No. 29), that the SVET has made available specialized temporary shelters for victims of trafficking and has participated in the activities undertaken, in the context of the roadmap to ensure that Guatemala is free of child labour, with the National Commission for the Eradication of Child Labour (CONAPETI). Finally, the Committee notes, from the information contained in the 2014 Trafficking Report of the Human Rights Prosecutor, the Alba-Keneth alarm system to prevent trafficking and protect children through the coordination of inter-institutional action for the identification and immediate relief of child victims. It notes that the Operational Unit of the Alba-Keneth alarm system in the Office of the Public Prosecutor recorded 17,443 alerts activated between 2011 and 2014, including 5,780 in 2014 (page 30). While noting the measures adopted by the Government, the Committee requests it to continue its efforts to take effective and time-bound measures to prevent and remove children from the worst forms of child labour, and in particular to prevent them from becoming victims of commercial sexual exploitation or trafficking for that purpose. The Committee also requests the Government to provide the necessary and appropriate direct assistance for the removal of children from these worst forms of child labour. In this connection, the Committee requests the Government to provide information on the measures adopted or envisaged in the context of the implementation of the public policy to combat trafficking in persons and to guarantee comprehensive protection for victims (2014–24), the Interinstitutional Protocol and the roadmap.

Article 8. International cooperation. Trafficking of children for commercial sexual exploitation. In its previous comments, the Committee noted that, while recognizing the conclusion of memoranda of understanding with neighbouring countries, undocumented foreign children, including victims of trafficking, are subject to deportation and must leave the country within 72 hours. The Committee also noted the Government’s indication that an Interinstitutional Protocol for the repatriation of victims of trafficking had been adopted and that the SVET envisaged activities in this regard. While noting that the Protocol was not yet implemented in practice, the Committee requested the Government to indicate the measures taken for its implementation.

The Committee notes that the Government’s report remains silent on this subject. The Committee observes that, according to the report of the Special Rapporteur on the sale of children, child prostitution and child pornography (A/HRC/22/54/Add.1, paragraph 107), the Government is examining a programme of protection and comprehensive assistance for the repatriation and reintegration of children intercepted by the United States and Mexican authorities. The Special Rapporteur also notes that the Government is working with El Salvador and Honduras for the adoption of the “Guardian Angels” programme aimed at improving the sharing of information and the protection of victims of trafficking in border areas. The Committee therefore once again requests the Government to indicate the measures taken to ensure the rehabilitation and social reintegration of child victims removed from trafficking for commercial sexual exploitation in their country of origin, particularly under the programmes referred to above and in the context of the implementation of Inter-institutional Protocol for the repatriation of victims of trafficking and the activities of the SVET. It also requests the Government to indicate the number of child victims of trafficking who have been repatriated.

The Committee invites the Government to avail itself of ILO technical assistance, particularly for the implementation of the activities of the CONAPETI and the SVET, with a view to bringing its law and practice into conformity with the Convention. In this regard, the Committee welcomes the ILO project financed by the Directorate-General for Trade of the European Commission in support of countries benefiting from the Generalized System of Preferences (GSP+) of the European Union with a view to the effective implementation of international labour standards, targeting four countries, including Guatemala.

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

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

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. In its previous comments, the Committee noted that the Government had 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.

The Committee notes the detailed information provided by the Government as regards measures taken to improve the functioning of the education system in the country as part of the plan of action to implement the “Roadmap” to ensure that Guatemala is a country free from child labour and its worst forms. According to UNICEF 2010 statistics, the net school attendance rate for primary education has significantly improved since 2008 and stands at 95 per cent for girls and 98 per cent for boys (compared to 76 per cent for girls and 80 per cent for boys in 2008). Nevertheless, the Committee observes that the survival rate to the last primary grade is only 65 per cent and that the secondary school enrolment rate has remained stable since 2008 at 39 per cent for girls and 41 per cent for boys.

The Committee requests the Government to pursue 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 primary 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 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 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 on the basis of the concluding observations of the CRC of June 2007 (CRC/C/OPAC/GTM/CO/1, paragraph 20) that reparation measures, in particular for rehabilitation, compensation, physical and psychological recovery and the social reintegration of children who had been involved in hostilities, had been slow and inefficient. It also noted the results of the family reunification programme Todos por el Reencuentro of the Guatemalan Mental Health League, a private non-profit making organization, which also indicated that the programme received very limited support from the Government and that the National Commission to Search for Disappeared Children had never been established. Noting the absence of information on this point in the Government’s report, the Committee is bound to again express its concern at the situation of children affected by armed conflict, and it reiterates its request to 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 again 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.

2. Child domestic workers. The Committee previously noted the time-bound measures taken to prevent and eliminate child domestic work, in particular the results achieved by the project Conrado de la Cruz.

The Committee duly notes the information provided by the Government in its report concerning the results achieved of various programmes, which aim to prevent and remove children from domestic work. The Committee notes that the foundation Childhope removed in 2011 a total of 12 girls from child domestic labour and reintegrated them into the education system. The Committee also notes the Government’s indications that the Catholic Relief Service through the project Mis derechos son importantes raises awareness among parents, teachers, children and other relevant actors of the importance of eradicating child labour. The project operates in 165 primary schools with 120 facilitators with the highest incidences of poverty, whose population is known to search for employment opportunities in domestic work in Guatemala or Mexico. The Committee also notes that the project Conrado de la Cruz carried out by the Ministry of Labour and Social Welfare, between September 2011 and January 2012, provided financial support to 237 families to prevent mothers and fathers from engaging their children in domestic work. As part of preventive activities, the project reached out to 4,623 children in school going age in the municipalities of Guatemala, Sacatepéquez, Totonicapán y Chimaltenango, who receive nutrition, funding for schooling and health services in order to distance them from being engaged in domestic work. In 2012, 62 early alert groups of mothers, fathers and community workers have been created comprising 351 persons who monitor and visit families with children vulnerable to being engaged in domestic work and other child labour. Lastly, the Committee notes that the Government in collaboration with the Ministry of Labour and Social Welfare and the Ministry of Education, organizes a range of communication activities in local languages, for example on the radio, to raise awareness of the rights of children and the prohibition of child labour.

3. 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 and that in 2007 the Government planned to: establish a national database system for boys, girls and young persons in the streets; develop a system with the objective of preventing children from living in the streets; and implement specialized support programmes for street children, including programmes of assistance for their rehabilitation and social, educational and family integration. The Committee noted that the Secretariat for Social Welfare had implemented various programmes for the socially vulnerable population of the country, and had provided accommodation to 650 children in 2009. Yet, the Committee also noted that the CRC, in its concluding observations of 25 October 2010 expressed concern at the high number of children in street situations (CRC/C/GTM/CO/3-4, paragraph 90).

The Committee notes the Government’s indications that the Secretariat for Social Welfare provides fundamental services to children and adolescents in need, such as housing, nutrition, clothing, recreation and medical attention. In accommodation centres, children are attended by social workers, psychologists, doctors, nurses and lawyers, who provide their professional services to facilitate the restitution of the children’s rights. The Committee also notes the various social programmes administered by the Ministry of Social Development (see also Article 8), targeting families living in poverty and providing assistance in terms of nutrition and income support, which aim to reduce poverty and prevent child labour.

However, the Committee observes that the Government’s report again 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. Moreover, the Government’s report does not provide any information on the number of children withdrawn from the streets and those that have benefitted from rehabilitation and social integration services.

Considering that street children are particularly exposed to the worst forms of child labour, the Committee therefore again 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 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.

4. 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 CRC, in its concluding observations of 25 October 2010, indicated 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 (CRC/C/GTM/CO/3-4, paragraph 40). The CRC also noted that the measures taken by Guatemala were not sufficient to eliminate the structural obstacles preventing children belonging to these communities from exercising their full rights. The Committee notes with regret that the Government’s report again 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. Observing 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 reiterates its request to the Government to take immediate and time-bound measures to protect these children from the worst forms of child labour. It again requests the Government to provide information on the measures adopted and the results achieved.

Article 8. Poverty reduction. Further to its previous comments, the Committee notes the detailed information provided by the Government in its report. It notes with interest that the objective of the conditional cash transfer programme, Mi Familia Progresa, of reaching out to 800,000 families has been achieved; a total of 904,910 families benefitted from the programme in 2010 and 874,282 families in 2011. The Committee notes the Government’s indications that the programme Mi Familia Progresa was administered by the previous administration and has been integrated into the various social programmes administered by the newly established Ministry of Social Development. The Committee notes that these programmes are aimed at breaking the cycle of inter-generational poverty and preventing child labour and currently benefit a total of 747,510 families. The programme Mi Bono Seguro, provides cash transfers to families with children between the ages of 0 and 15 years living in poverty conditional upon school attendance and medical surveillance of their children. The Mi Beca Segura and Jovenes Protagonistas programmes provide vocational education and training and capacity building to young persons in vulnerable and at risk situations. The Mi Comedor Seguro provides nutritional support to vulnerable and at risk families in order to ensure food security for poor families. The Mi Bolsa Segura programme also provides periodical nutritional support to vulnerable families with a focus on the empowerment of women as agents of change.

The Committee encourages the Government to pursue its efforts and requests it to provide information on the concrete results achieved through the implementation of the various social programmes administered by the Ministry of Social Development, as well as the practical measures adopted to combat poverty in the context of the implementation of the Roadmap.

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

Articles 3(a) and 7(1) of the Convention. Sale and trafficking of children for commercial sexual exploitation and the penalties applied. The Committee previously noted the adoption of the Law against sexual violence, exploitation and trafficking in persons (Decree No. 9/2009). It noted the sanctions prescribed by the Law, as well as the statistics provided by the Government relating to the application in practice of these new provisions. The Committee observed that no sanctions appeared to have been applied for the crime of trafficking of children between 2008 and 2009 and that also the Committee on the Rights of the Child (CRC), in its concluding observations of 25 October 2010 expressed concern at the lack of convictions for sexual exploitation since the adoption of Decree No. 9/2009, and at the tolerance of the competent authorities in relation to trafficking (CRC/C/GTM/CO/3-4, paragraph 94). The Committee expressed concern at the information bearing witness to the persistence of the problem of the trafficking of children under 18 years of age for their commercial sexual exploitation and at the allegations of the complicity between officials entrusted with the enforcement of the law and persons engaging in the trafficking of persons. In this regard, it urged the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions were carried out against the perpetrators and requested it to provide detailed information on the number of investigations conducted, and prosecutions and convictions applied.

The Committee notes the statistics available on the website of the National Centre for Analysis and Legal Documentation as regards the application of section 202ter and section 202 quarter of the Penal Code, as amended by Decree No. 9-2009 issuing the Act against sexual violence, exploitation and trafficking in persons. The Committee notes that 294 cases concerning trafficking in persons were brought to the attention of the judicial bodies during the period 2009–April 2012, of which 86 concerned girls and 20 concerned boys under the age of 18. 38 judgments were rendered resulting in ten convictions. Yet the information does not specify how many judgments and sentences concerned the sale and trafficking of children under 18 years of age for commercial sexual exploitation and of officials who are complicit in such acts, nor the types of sanctions applied.

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 Government through Agreement 1-2012 established a prosecution office specialized in trafficking in persons and that the judiciary set up specialized courts for exploitation and trafficking to ensure specialized expertise of the judges.

While noting the statistics on the application of Decree No. 9/2009, as well as the measures taken to reinforce the prosecution of trafficking and commercial sexual exploitation offences, the Committee requests the Government to pursue its efforts to ensure that thorough investigations and robust prosecutions are carried out against the perpetrators of trafficking of children under 18 years of age for commercial sexual exploitation, and of officials who are complicit in such acts. It also requests the Government to continue to provide information on the number of investigations, prosecutions, convictions and sanctions imposed against persons who engage in the sale and trafficking of children under 18 years of age for commercial sexual exploitation.

Article 3. 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. It also noted that national legislation 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. It requested the Government to continue 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.

The Committee notes from the information provided by the Government that many factories manufacturing fireworks have disappeared, due to the stringent legislation in this regard and many factories have therefore favoured homework. The Committee also notes the Government’s indication that the labour inspectorate has only managed to visit ten factories in 2011, since the population of the places where most factories manufacturing fireworks are concentrated have prevented surveillance by the labour inspectorate out of fear of becoming unemployed. In 2011, the labour inspectorate did manage to carry out 167 visits of distribution centres of fireworks. The Committee notes that a total of 16 contraventions were found and presented to the Labour Tribunal, the resolution of which is currently still pending.

Noting the Government’s information that firework production has been largely moved from the factory premises to work carried out at home, the Committee urges the Government to take immediate and effective measures to ensure that persons under 18 years of age are not engaged in the manufacturing, preparing and handling of explosive substances or products and the production of explosives or fireworks at home. The Committee requests the Government to provide information on the concrete measures taken and results achieved in this regard. In addition, it urges the Government to step up its efforts to carry out labour inspections in all firework factories. It requests the Government to provide information on the number of inspections carried out in this regard, as well as the nature of the violations reported and the penalties imposed as a result of such inspections.

Article 6. Programmes of action. National Plan of Action to Combat the Commercial Sexual Exploitation of Children. In its previous comments, the Committee noted that the National Plan of Action to Combat the Commercial Sexual Exploitation of Children was being revised. The Committee observed that, in the Government’s reports submitted to the CRC on 23 November 2009 (CRC/C/GTM/3-4, paragraphs 255–256), the Government indicated that the National Plan of Action to Combat the Commercial Sexual Exploitation of Children had been adopted as official policy by the Secretariat of Social Welfare, but that the secretariat had not been able to implement the Plan and, in view of the inadequacy of the budget allocated, it was only able to implement programmes for the children of female sex workers in the area around the airport. The Committee requested the Government to provide information on the programmes of action developed as part of the implementation of the National Plan.

Noting that the Government’s report again does not provide information on this point, the Committee once again urges the Government to adopt immediate and effective measures to ensure the implementation of the National Plan of Action to Combat the Commercial Sexual Exploitation of Children. It requests the Government to provide information on this subject in its next report.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from these forms of labour and ensuring their rehabilitation and social integration. Commercial sexual exploitation and trafficking for that purpose. In its previous comments, the Committee noted the adoption in 2007 of a “Public Policy to combat the Trafficking of Persons and Ensure the Full Protection of Victims and a National Plan of Strategic Action (2007–17)”, with the objectives of the immediate and full protection of victims, namely medical and psychological care and reintegration into the family and society. It also observed that the CRC, in its concluding observations of 25 October 2010 noted with concern that the competent authorities did not provide specialized or appropriate care for victims of trafficking and sexual exploitation and that the Government did not provide appropriate support to organizations working in this field (CRC/C/GTM/CO/3-4, paragraph 94). The Committee requested the Government to take time-bound measures to prevent the commercial sexual exploitation of children and provide direct assistance to children to remove them from these worst forms of child labour.

The Committee notes the information provided by the Government in its report concerning the results of the project Conrado de la Cruz carried out by the Ministry of Labour and Social Welfare. Between September 2011 and January 2012 the project reached out to a total of 11,175 children to prevent their engagement in child labour; 4,575 children below the minimum age for employment (14) were reintegrated in the education system and received funding for this purpose and 417 children above 14 years old received vocational and technical education. In addition, numerous information activities have been organized to raise awareness about child labour, in particular its worst forms, existing protection measures, in particular for vulnerable children.

The Committee also notes from the Government’s report on the application of the Forced Labour Convention, 1930 (No. 29), that, in the context of the implementation of the “Public Policy to combat the Trafficking of Persons and Ensure the Full Protection of Victims and a National Plan of Strategic Action (2007–17)”, the Secretariat against Sexual Violence, Exploitation and Trafficking of Persons (SVET) has been established. The SVET, which started its operations in 2011, has been created to ensure compliance with the Law against sexual violence, exploitation and trafficking in persons (Decree No. 9/2009) and to coordinate and supervise Government policies and programmes in this respect. The Committee notes that the first activities of the SVET have focused on prevention and so far 49 seminars and conferences for different Government institutions, inter alia, the Ministry of Education, the Ministry of Health and the labour inspectorate, have been carried out.

While noting the measures taken by the Government, the Committee requests the Government to continue its efforts to take effective and time-bound measures to prevent and remove children from the worst forms of child labour, in particular from becoming victims of commercial sexual exploitation or trafficking for that purpose; and to provide the necessary and appropriate direct assistance to remove the child victims from these worst forms of child labour. In this regard, the Committee requests the Government to continue to provide information on the measures adopted or envisaged as part of the implementation of the “Public Policy to combat the Trafficking of Persons and Ensure the Full Protection of Victims and a National Plan of Strategic Action (2007–17)”.

Article 8. International cooperation. Trafficking of children for commercial sexual exploitation. In its previous comments, the Committee noted that the CRC, in its concluding observations of July 2007 (CRC/C/OPSC/GTM/CO/1, paragraph 29), while recognizing the conclusion of memorandums of understanding with neighbouring countries of Guatemala, expressed concern at the fact that undocumented foreign children, including victims of trafficking, are subject to deportation and must leave the country within 72 hours. The Committee also noted the Government’s indication that a new Inter institutional Protocol for the repatriation of victims of trafficking was adopted in December 2009. While observing that the Protocol was not yet implemented in practice, the Committee requested the Government to provide information on the measures taken to implement the Protocol.

While the Government’s report contains no information on the implementation of the Protocol, the Committee notes from the Government’s report on the application of Convention No. 29 that one of the tasks of the SVET is to promote the conclusion and implementation of bilateral and multilateral agreements to ensure international protection of victims.

In these circumstances, the Committee once again requests the Government to provide information on the measures taken to ensure the rehabilitation and social integration of child victims removed from trafficking for commercial sexual exploitation in their country of origin in the context of the implementation of the Inter-institutional Protocol for the repatriation of victims of trafficking and the activities of the SVET.

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

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

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.

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

Article 3. Worst forms of child labour. 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 prohibit the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances. It noted that the Congress of the Republic was examining a Bill to reform the Penal Code.

The Committee notes with satisfaction that under the terms of section 40 of Decree No. 9-2009 issuing the Act against sexual violence, exploitation and trafficking of persons, which contains amendments to section 194 of the Penal Code, any person who produces, manufactures or prepares pornography using persons under 18 years of age shall be liable to a sentence of six to ten years of imprisonment.

Articles 3(a) and 7(1). Sale and trafficking of children for commercial sexual exploitation and the penalties applied. The Committee noted previously that the Committee on the Rights of the Child (CRC), in its concluding observations on the Government’s initial report on the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography of July 2007 (CRC/C/OPSC/GTM/CO/1, paragraphs 8, 12 and 22), expressed concern at the increasing incidence of the commercial sexual exploitation of children and the high number of victims in the country, estimated at 15,000. The CRC also noted reports that child victims are penalized and institutionalized for long periods until decisions are made on their case. The Committee noted that the Trafficking of Persons Unit had conducted a number of investigations relating to commercial sexual exploitation. It also noted that an initiative for the adoption of a law against violence, exploitation and trafficking for the purposes of sexual exploitation was submitted to the Congress of the Republic in August 2008. It further noted that one person was reported to have been convicted for the trafficking of children and that 16 cases were under investigation.

The Committee takes due note of the adoption of Decree No. 9-2009 issuing the Act against sexual violence, exploitation and trafficking of persons. It notes that section 47 of Decree No. 9-2009 amends section 202 of the Penal Code and introduces section 202ter. Under this new provision, the crime of the trafficking of persons is punishable by a sentence of eight to 18 years of imprisonment. Furthermore, under the terms of section 202quater of the Penal Code, as amended by section 48 of Decree No. 9-2009, any person who offers or promises an economic benefit arising out of activities related to the trafficking of persons is liable to a sentence of six to eight years of imprisonment. The sentence is increased by two-thirds if the victim is under 14 years of age and is doubled if the victim is under 10 years of age. The Committee notes the statistics provided in the Government’s report relating to the application in practice of these new provisions. It observes that 17 complaints were lodged in 2009 under section 202ter, of which 16 related to girls, and one complaint under section 202quater. However, according to the information provided in the Government’s report, no sanctions appear to have been applied for the crime of trafficking of children between 2008 and 2009. In this respect, the Committee observes that the CRC, in its concluding observations of 25 October 2010 on the third and fourth periodic reports of Guatemala (CRC/C/GTM/CO/3-4, paragraph 94), expressed concern that there have been no convictions for sexual exploitation since the adoption of the Act against sexual violence, exploitation and trafficking of persons, and at the tolerance of the competent authorities in relation to trafficking. The CRC also expressed concern once again at the increasing incidence of the sale and sexual exploitation of children (CRC/C/GTM/CO/3-4, paragraph 30). The Committee also notes that, according to a report on the trafficking of persons of 14 June 2010, available on the website of the United Nations High Commissioner for Refugees, the presumed complicity and corruption of officials in activities related to the trafficking of persons is an obstacle to the application of the relevant provisions of the national legislation.

While observing that there are various provisions prohibiting the commercial sexual exploitation and trafficking of children, the Committee expresses concern at the information bearing witness to the persistence of the problem of the trafficking of children for their commercial sexual exploitation and at the allegations of the complicity between officials entrusted with the enforcement of the law and persons engaging in the trafficking of persons. The Committee therefore urges the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions are conducted against persons who engage in the sale and trafficking of children under 18 years of age for commercial sexual exploitation and of officials who are complicit in such acts, and that sufficiently effective and dissuasive sanctions are applied in practice. It requests the Government to provide information on the number of investigations, prosecutions and convictions under sections 202ter and 202quater of the Penal Code, as amended by Decree No. 9-2009 issuing the Act against sexual violence, exploitation and trafficking in persons.

Article 6. Programmes of action. National Plan of Action to Combat the Commercial Sexual Exploitation of Children. In its previous comments, the Committee noted that the National Plan of Action to Combat the Commercial Sexual Exploitation of Children was being revised. It requested the Government to provide information on the programmes of action developed as part of the implementation of the National Plan.

The Committee notes that the Government has not provided information on this matter. However, the Committee observes that, in the Government’s third and fourth periodic reports submitted to the CRC on 23 November 2009 (CRC/C/GTM/3-4, paragraphs 255–256), the Government indicated that the National Plan of Action to Combat the Commercial Sexual Exploitation of Children had been adopted as official policy by the Secretariat of Social Welfare, but that the Secretariat had not been able to implement the Plan and, in view of the inadequacy of the budget allocated, it was only able to implement programmes for the children of female sex workers in the area around the airport. The Committee therefore urges the Government to adopt immediate and effective measures to ensure the implementation of the National Plan of Action to Combat the Commercial Sexual Exploitation of Children. It requests the Government to provide information on this subject in its next report.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from these forms of labour and ensuring their rehabilitation and social integration. 1. Commercial sexual exploitation and trafficking for that purpose. In its previous comments, the Committee noted that Guatemala is participating in an ILO–IPEC regional project “Stop the Exploitation: Contribution to the Prevention and Elimination of Commercial Sexual Exploitation of Children in Central America, Panama and the Dominican Republic”. The Committee also took due note of the adoption in 2007 of a public policy to combat the trafficking of persons and ensure the full protection of victims and a National Plan of Strategic Action (2007–17), with the objectives of the immediate and full protection of victims, namely medical and psychological care and reintegration into the family and society.

The Committee notes that the ILO–IPEC regional project on the prevention and elimination of the commercial sexual exploitation of children ended in April 2009. It observes that, according to the ILO–IPEC report of the project of July 2009, for the total duration of the project (November 2005–April 2009), 375 children benefited from services or were reintegrated into the formal or informal school system in Guatemala. Of this number, 187 children, a majority of whom were girls, were removed from commercial sexual exploitation or trafficking, and 188 children were prevented from being engaged in these worst forms of child labour.

However, the Committee notes that the Government’s report does not contain information on the measures adopted in the context of the implementation of the public policy to combat trafficking in persons and ensure the full protection of victims and on the National Plan of Strategic Action (2007–17). It also observes that the CRC, in its concluding observations of 25 October 2010 on the third and fourth periodic reports of Guatemala (CRC/C/GTM/CO/3-4, paragraph 94) noted with concern that the competent authorities did not provide specialized or appropriate care for victims of trafficking and sexual exploitation and that the Government did not provide appropriate support to organizations working in this field. Noting that the ILO–IPEC regional project on the prevention and elimination of the commercial sexual exploitation of children has come to an end, the Committee urges the Government to adopt time-bound measures to: (a) prevent children from becoming victims of commercial sexual exploitation or trafficking for that purpose; and (b) provide the necessary and appropriate direct assistance to remove the child victims from these worst forms of child labour. It also once again, requests the Government to provide information on the measures adopted or envisaged as part of the implementation of the public policy to combat trafficking of persons and provide full protection for victims, and on the National Plan of Strategic Action (2007–17), with a view to ensuring the rehabilitation and social integration of the child victims removed from these worst forms of child labour.

2. Tourist activities. The Committee previously noted that the Guatemalan Institute of Tourism (INGUAT) had undertaken to promote at the national level a process of training and awareness raising for the tourist industry for the years 2007–10 with a view to preventing the formation of trafficking networks, particularly for commercial sexual exploitation, and identifying their activities. It also notes the enactment of the Global Code of Ethics for Tourism in the country, as well the envisaged formulation in 2008 of the Plan of Action for the Implementation of the Global Code of Ethics for Tourism with a view to the protection of children against commercial sexual exploitation.

The Committee takes due note of the awareness-raising activities carried out by INGUAT in 2009 and 2010 for children and young persons, actors in the tourist industry, the police and the Tourism Security Unit (USETUR) on the subject of the commercial sexual exploitation of children and young persons.

Article 8. International cooperation. Trafficking of children for commercial sexual exploitation. In its previous comments, the Committee noted that, in the context of the implementation of the public policy and National Plan of Action for Childhood (2004–15), the Government planned to adopt measures in collaboration with neighbouring countries with a view to bringing an end to the sale and trafficking of girls, boys and young persons for the purposes of sexual exploitation. It noted that a National Protocol for the repatriation of boys, girls and young persons who are victims of trafficking was adopted in 2007, as well as a document on regional initiatives for the special protection of returning boys, girls and young persons who have been victims of trafficking, the purpose of which is to promote cooperation between member countries of the Regional Conference on Migration. However, it observed that the CRC, in its concluding observations of July 2007 (CRC/C/OPSC/GTM/CO/1, paragraph 29), while recognizing the conclusion of memorandums of understanding with neighbouring countries of Guatemala, expressed concern at the fact that undocumented foreign children, including victims of trafficking, are subject to deportation and must leave the country within 72 hours.

The Committee notes the Government’s indication that a new Inter institutional Protocol for the repatriation of victims of trafficking was adopted in December 2009. It observes that the Protocol is not yet implemented in practice. The Committee notes that, according to the information contained in the technical progress report of June 2010 on the ILO–IPEC project entitled “Elimination of Child Labour in Latin America (Phase III)”, the Protocol was drawn up with the support of ILO–IPEC and reviewed by the various cooperation agencies, including the International Organization for Migration. The Committee requests the Government to provide information on the implementation of the Inter-institutional Protocol for the repatriation of victims of trafficking. It once again requests the Government to provide information on the measures taken to ensure the rehabilitation and social integration of child victims removed from trafficking for commercial sexual exploitation in their country of origin.

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

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

Article 3 of the Convention. Worst forms of child labour. 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 noted the Government’s indication that the Congress of the Republic was examining a Bill to reform the Penal Code to criminalize the production of pornography using children and young persons.

The Committee notes that, in its concluding observations on the Government’s initial report on the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography of July 2007 (CRC/C/OPSC/GTM/CO/1, paragraph 10), the Committee on the Rights of the Child expressed concern that the practices of purchasing sexual services from children and selling of child pornography materials continue to be common and socially tolerated. The Committee notes the Government’s indication that the Congress of the Republic is examining the approval of the Bill regulating the progressive elimination of the worst forms of child labour, universal access to education for boys and girls and the protection of young workers. It also notes that, according to the information contained in the ILO/IPEC report of September 2008 on the project entitled “Stopping exploitation. Contribution to the prevention and elimination of commercial sexual exploitation of children in Central America, Panama and the Dominican Republic”, the Penal Code is still in the process of being reformed. Taking the above into account, the Committee expresses the firm hope that the Bill regulating the progressive elimination of the worst forms of child labour, universal access to education for boys and girls and the protection of young workers, as well as the reform of the Penal Code will be adopted in the near future and that they will contain provisions giving effect to this Article of the Convention. It requests the Government to provide information on any progress made in this regard.

Article 7, paragraph 2. Effective and time-bound measures. 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. 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 and 241), the Government indicated that children and young persons were affected in a variety of ways by the armed conflict which has affected the country. According to official estimates, there were 200,000 orphans and over 1 million persons had been internally displaced. According to the Government, these situations have 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 indigenous peoples. The Committee noted the Government’s indication that young persons affected by armed conflict are cared for by NGOs.

In its report, the Government indicates that information has been requested from the National Reparations Programme and will be sent as soon as it is available. The Committee also notes 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 for the 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 social reintegration of children who have been involved in hostilities. The Committee is very concerned at the high number of children who have been affected by the armed conflict in the country and observes that the risk of them becoming engaged in the worst forms of child labour is high. The Committee requests the Government to take time-bound measures to protect children who have been affected by the armed conflict and ensure their rehabilitation and social integration. It requests the Government to provide information in this regard.

2. Child domestic workers. Referring to its previous comments, the Committee notes the information provided by the Government on the measures taken in the context of the implementation of a project for the care of children and young persons engaged in domestic work in the towns of Chichicastenango and Santa Cruz del Quiché. According to the Government, the project has allowed more than 110 children and young persons who were working as domestic workers to be reintegrated into the school system. Furthermore, the economic alternatives which have been offered to parents of children who were working have stopped their return to work. The Committee notes that, according the information provided by the Government, a plan of action on the prevention and elimination of child domestic labour has been adopted. The Committee requests the Government to provide information on the time-bound measures taken in the context of this plan of action to protect children who are engaged in domestic work against the worst forms of child labour, to remove them from that labour and to provide the necessary and appropriate direct assistance for their rehabilitation and social integration.

Clause (d). Children at special risk. 1. Children living in the streets. The Committee previously noted that, in 2007, the Government intended to establish a national database system on boys, girls and young persons in the streets; develop a system for preventing children from living in the streets and implement 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 Congress of the Republic is currently examining two proposed laws, one on the full development of young persons and the other regulating protection centres and shelters for children and young persons. The Committee requests the Government to provide information on the measures that it was to take in 2007, namely: the establishment of a national database system on street children; the development of a system for preventing children from living in the streets; and the implementation of specialized support programmes for street children, in particular with regard to the protection of children living in the streets from the worst forms of child labour, as well as on their rehabilitation and social integration. It also requests the Government to provide information on the work carried out to adopt the two proposed laws mentioned above.

2. Indigenous children. In its previous comments, the Committee noted that, according to a report of the Economic and Social Council of February 2003 (E/CN.4/2003/90/Add.2, paragraphs 54 and 55), access to education and school attendance for indigenous children are problematic and there is an enormous disparity compared with non-indigenous children. It 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 notes that, according to the Education for All Global Monitoring Report of 2008, published by UNESCO and entitled Education for All by 2015: Will we make it? there are disparities in the rates of school enrolment and attendance with regard to indigenous children. It also notes that, according to a study conducted by the ILO/IPEC. In cooperation with the Ministry of External Affairs and Cooperation, the rate of enrolment at primary school level of indigenous children is relatively low compared to that of non-indigenous children, particularly with regard to girls. The Committee takes due note of the information provided by the Government on the implementation of the programme of action on the prevention of child domestic labour by indigenous peoples in Comitancillo, in the department of San Marcos. It notes, in particular, that this programme of action has allowed the integration into the school system of 250 girls and boys and 50 young persons and of 235 girls and young persons at risk of migrating to be engaged in domestic labour. The Committee notes finally that, according to a report by the ILO/IPEC of June 2008 on the project entitled “Elimination of Child Labour in Latin America: Phase III”, the Government has adopted a plan on education (2008–12), which has the strategic goal of increasing and facilitating access to quality education for all, particularly for children from vulnerable groups. The Committee notes that the children of indigenous peoples are often victims of exploitation, which may take on very diverse forms, and are a population at risk of becoming engaged in the worst forms of child labour. It requests the Government to provide information on the time-bound measures taken in the context of the implementation of the plan on education (2008–12), to guarantee access to the education system for children of indigenous peoples, taking into account girls in particular, and to reduce the disparity in the rates of school enrolment and attendance with regard to indigenous peoples. It requests the Government to provide information on the results achieved.

Article 8. Poverty reduction. The Committee previously noted the information contained in the Government’s 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. The Committee requested the Government to provide information on the measures adopted or envisaged to combat poverty. The Committee notes that the Government does not provide any information on this matter. Noting that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential to the elimination of the worst forms of child labour, the Committee requests the Government to take measures to reduce poverty effectively among children who are victims of the worst forms of child labour. It requests the Government to provide information in this regard.

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

Article 3, paragraph (a), of the Convention and Part III of the report form. Sale and trafficking of children for commercial sexual exploitation and court decisions. In its previous comments, the Committee noted the comments made by the International Confederation of Free Trade Unions, now the International Trade Union Confederation (ITUC), reporting the problem of trafficking of persons for prostitution in Guatemala, of whom the majority of child victims were from neighbouring countries and particularly from the border regions with Mexico and El Salvador. The Committee also noted the comments made by the Trade Union Confederation of Guatemala (UNSITRAGUA) according to which many girls and boys who are victims of trafficking for sexual exploitation are from neighbouring countries. Finally, it noted that section 194 of the Penal Code prohibits the trafficking of persons, including minors, for exploitation, prostitution, pornography or any other form of sexual exploitation.

The Committee notes that the Committee on the Rights of the Child, in its concluding observations on the Government’s initial report on the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography of July 2007 (CRC/C/OPSC/GTM/CO/1, paragraphs 8, 12 and 22) expressed concern at the increasing incidence of commercial sexual exploitation of children and the high number of victims in the country, estimated by the Government at 15,000 victims. The Committee on the Rights of the Child also noted reports that child victims are penalized and institutionalized during prolonged periods awaiting decisions in their cases. The Committee also notes that, according to a Trafficking in Persons Report of 2008, available on the UNHCR web site (www.unhcr.org), trafficking in persons is a significant and growing problem in the country. Guatemala is a source, transit and destination country. According to this report, Guatemalan children are victims of internal trafficking for commercial sexual exploitation or cross-border trafficking to Mexico or the United States for the same purpose. Furthermore, the border areas with Mexico and Belize remain a top concern due to the heavy flow of undocumented migrants, many of whom fall victims to traffickers. The report also indicates that Guatemala is a destination country for victims of trafficking for sexual exploitation from El Salvador, Honduras and Nicaragua.

In its report, the Government indicates that, since November 2007, the Trafficking in Persons Unit has conducted a number of investigations relating to commercial sexual exploitation. These investigations have led to 37 prosecutions for trafficking in persons. The Committee also notes that, according to the information contained in the ILO/IPEC report of September 2008 on the regional project entitled “Stopping exploitation: Contribution to the prevention and elimination of the commercial sexual exploitation of children in Central America, Panama and the Dominican Republic” (the project on the prevention and elimination of the commercial sexual exploitation of children), an initiative for the adoption of a law against violence, exploitation and trafficking for the purposes of sexual exploitation was submitted to the Congress of the Republic in August 2008. Furthermore, according to the information contained in the ILO/IPEC report of September 2008, one person has been sentenced for the trafficking of children and 16 cases are in the process of being investigated. Finally, according to this report, the reform of the Penal Code is still under way.

The Committee notes the measures taken by the Government, particularly those of a legislative nature, against the sale and trafficking of children for commercial sexual exploitation. However, it is very concerned that concordant information from various sources confirm the persistence of the problem in the country, which seems to be of considerable magnitude. The Committee also expresses concern at the practice which exists of punishing child victims of trafficking or institutionalizing them for long periods. The Committee therefore urges the Government to take immediate and effective measures to ensure the protection of children under 18 years of age against sale and trafficking for sexual exploitation. In this regard, it requests the Government to provide information on the application in practice of the provisions of the Penal Code prohibiting the sale and trafficking of children for sexual exploitation, by providing, in particular, statistics on convictions and the penal sanctions imposed. Furthermore, taking into account the information that investigations are conducted and individuals are prosecuted, the Committee requests the Government to provide the court decisions handed down. Finally, it requests the Government to provide a copy of the law against violence, exploitation and trafficking for sexual purposes and of the amended Penal Code as soon as they have been adopted.

Article 5. Monitoring mechanisms. The Committee takes due note that, according to the information contained in the ILO/IPEC report of September 2008 on the project to prevent and eliminate the commercial sexual exploitation of children, awareness-raising and training activities on commercial sexual exploitation and the sale and trafficking to that end have been organized for judges, local authorities and police forces.

Article 6. Programmes of action. National Plan of Action to combat the commercial sexual exploitation of children. Referring to its previous comments, the Committee notes that, according to the information contained in the ILO/IPEC report of September 2008 on the project on the prevention and elimination of the commercial sexual exploitation of children, the National Plan of Action to combat the commercial sexual exploitation of children is to be revised. The Committee requests the Government to provide a copy of the new Plan of Action and information on the programmes of action which will be adopted in the context of its implementation.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes that, according to the information contained in the ILO/IPEC report of September 2008 on the project on the prevention and elimination of the commercial sexual exploitation of children, of the total of 2,573 children who have benefitted from the project in the participating countries, 1,409 have been prevented from becoming victims of trafficking or commercial sexual exploitation and 1,164 have been removed from this worst form of child labour.

Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from these forms of labour and ensuring their rehabilitation and social integration. 1. Regional project on the prevention and elimination of the commercial sexual exploitation of children. Referring to its previous comments, the Committee notes with interest that, according to the information contained in the ILO/IPEC report of September 2008 on the project for the prevention and elimination of the commercial sexual exploitation of children, between March and April 2008, of a total of 84 children who benefited from the project, 30 were prevented from becoming victims of commercial sexual exploitation or trafficking to that end and 54 were removed from these worst forms of labour. The Committee also notes that these children have either been reintegrated into the formal or informal school system or have received other training.

The Committee takes due note of the information provided by the Government that a public policy against the trafficking of persons and for the full protection of the victims and a National Plan of Strategic Action
(2007–17) were adopted in 2007. According to the Government, this public policy and the National Plan aim to provide for immediate and full protection of the victims, namely medical and psychological care and reintegration into the family and society. The Committee requests the Government to provide information on the time-bound measures taken in the context of the implementation of the ILO/IPEC regional project for the prevention and elimination of the commercial sexual exploitation of children and on the results achieved to: (a) prevent children from becoming victims of commercial sexual exploitation or trafficking for that purpose; and (b) provide the necessary and appropriate direct assistance to remove the child victims from these worst forms of child labour. With regard to the public policy against the trafficking of persons and for the full protection of the victims and the National Plan of Strategic Action (2007–17), the Committee requests the Government to provide information on the specific time-bound measures taken in the context of their implementation, to ensure the rehabilitation and social integration of the child victims removed from these worst forms of labour.

2. Tourist activities. In its previous comments, the Committee asked the Government to provide information on the measures taken to raise the awareness of the actors directly involved in the tourist industry. The Committee notes the Government’s indication that the Guatemalan Institute of Tourism (INGUAT) has undertaken to promote, at the national scale, a process of training and awareness raising of the tourist industry for the years 2007–10 to prevent the formation of trafficking networks, particularly for commercial sexual exploitation, and to detect their activities. It also notes the Government’s indication that the Global Code of Ethics for Tourism is promoted in the country and, in 2008, a plan of action to implement the Code of Conduct for the tourism sector for the protection of children against commercial sexual exploitation will be devised. The Committee takes due note of the measures taken by the Government to raise the awareness of the actors directly involved in the tourist industry and urges it to continue its efforts in that regard.

Article 8. International cooperation. Trafficking of children for commercial sexual exploitation. The Committee previously noted that, in the context of the implementation of the public policy and National Plan of Action for Childhood (2004–15), the Government planned to adopt measures in collaboration with neighbouring countries with a view to bringing to an end the sale and trafficking of girls, boys and young persons for the purposes of sexual exploitation.

The Committee notes the statistics provided by the Government according to which, for the year 2000, 1,981 children travelling with their parents were recorded in the register of migrant workers of the labour migration office of the village of El Carmen and, between January and July 2008, 1,290 were recorded. It takes due note of the Government’s indication that a new labour migration office will open in the town of Tecún Umán. The Committee notes that the National Protocol for the repatriation of boys, girls and young persons who are victims of trafficking was adopted in 2007. Furthermore, a document has been adopted on the regional directives for the special protection for returning boys, girls and young persons who have been victims of trafficking (regional directives for the special protection of returning victims of trafficking), the purpose of which is to promote cooperation between member countries of the Regional Conference on Migration.

The Committee notes, however, that the Committee on the Rights of the Child, in its concluding observations of July 2007 (CRC/C/OPSC/GTM/CO/1, paragraph 29), while recognizing the existence of relevant memorandums of understanding with neighbouring countries of Guatemala, expressed concern that undocumented foreign children, including victims of trafficking, are subject to deportation and must leave the country within 72 hours. The Committee is also concerned at this situation and expresses the firm hope that the implementation of the National Protocol for the repatriation of boys, girls and young persons who have been victims of trafficking and of the regional directives for the special protection for returning victims of trafficking will allow this situation to be remedied. In this regard, it requests the Government to provide information on the measures taken to ensure the rehabilitation and social integration of child victims removed from trafficking for commercial sexual exploitation in their country of origin.

Furthermore, the Committee is also addressing a direct request to the Government concerning other points.

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

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.

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

The Committee notes the information provided by the Government in reply to the comments made by the Trade Union Confederation of Guatemala (UNSITRAGUA) in 2004. It also notes the detailed information provided by the Government in reply to the general observation on the trafficking of children for economic and sexual exploitation made by the Committee in 2004. In this respect, the Committee notes that, in addition to legislative measures, the Government has undertaken awareness-raising campaigns for the population, adopted administrative measures and established regional cooperation programmes with other Central American countries, and particularly Mexico, with a view to eliminating this problem.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children for commercial sexual exploitation. In its previous comments, the Committee noted the observations made by the International Confederation of Free Trade Unions (ICFTU) reporting the problem in the country of the trafficking of persons, including children, for prostitution. The majority of child victims of trafficking are from neighbouring countries, and particularly from border regions with Mexico and El Salvador. The Committee also noted the observations of UNSITRAGUA according to which many boys and girls who are victims of trafficking are from neighbouring countries and are used for sexual exploitation, including prostitution. According to UNSITRAGUA, this practice is facilitated by the absence of adequate controls resulting from the lack of regulation. The Committee noted that previously, in her report of January 2000 (E/CN.4/2000/73/Add.2, paragraphs 46 and 47), the United Nations Special Rapporteur on the sale of children, child prostitution and child pornography indicated that several cases of the sale of children for prostitution had been reported to her. Moreover, state officials had also informed her that children from El Salvador, Honduras, Mexico and Nicaragua were engaged in prostitution in Guatemala, and that Guatemalan children go to those countries for the same reason. The Committee noted that sections 188-190 and 194 of the Penal Code contain provisions prohibiting and penalizing prostitution, the corruption of minors and trafficking for the purposes of prostitution. It requested the Government to provide information on the application of these prohibitions and penalties in practice.

The Committee notes the information provided by the Government on violations and convictions. In this respect, it notes that, according to the information provided by the Government and that available to the Office, one of the problems encountered in Guatemala in combating the commercial sexual exploitation of children is the effective enforcement of the national legislation, as difficulties are often experienced in dealing with these offences, particularly in view of the inadequacy of the legislation. The Committee notes with satisfaction that section 194 of the Penal Code, as amended by Decree No. 14-2005 of 3 February 2005 amending section 194 of the Penal Code [Decree No. 14-2005 of 3 February 2005], prohibits the trafficking of persons, including minors, for exploitation, prostitution, pornography or any other form of sexual exploitation and establishes penalties of between six and 12 years’ imprisonment for any person found guilty of this offence. The Committee notes the information provided by the Government that Congress is currently examining a draft reform of the Penal Code criminalizing commercial sexual exploitation. The Committee notes that, although the Government has taken measures to combat this worst form of child labour, the problem still exists in practice. It observes that the difficulties encountered arise from the fact that the national legislation is not effectively enforced.

The Committee considers that this reform of the Penal Code will improve the protection in relation to the commercial sexual exploitation of children and trafficking for this purpose that is already established by the current legislation in force in the country. It once again encourages the Government to redouble its efforts to ensure the protection of young persons under 18 years of age against sale and trafficking for sexual exploitation. Noting that 60 convictions were obtained in 2004 and 2005, the Committee requests the Government to provide precise information on the effect given to section 194 of the Penal Code in practice including, for instance, reports on the number and nature of the infringements reported, investigations undertaken, charges brought, convictions and penalties applied.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1.  National Plan of Action to combat the commercial sexual exploitation of children. With reference to its previous comments, the Committee notes the information provided by the Government that it is currently evaluating the measures taken in the context of the “National Plan of Action to combat the commercial sexual exploitation of girls, boys and young persons in Guatemala” and the results achieved with a view to formulating a new plan. The Committee requests the Government to provide a copy of the new plan of action to combat the commercial sexual exploitation of girls, boys and young persons in Guatemala and to supply information on its implementation.

2. ILO/IPEC projects. The Committee notes that the Government is participating in over 13 ILO/IPEC projects concerning the commercial sexual exploitation of children. It requests the Government to provide information on the measures taken in the context of the implementation of these projects to eliminate this worst form of child labour and the results achieved.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes with interest that, in the context of the ILO/IPEC regional project entitled “Participation in preventing and eliminating the commercial sexual exploitation of children in Central America, Panama and the Dominican Republic”, in which Guatemala is participating, as well as Belize, Costa Rica, El Salvador, Honduras and Nicaragua, around 850 children at high risk of this worst form of child labour will be prevented from being engaged in it and over 870 children will be withdrawn from it. The Committee also notes that the project will benefit over 15,000 persons, including the family members concerned.

Clauses (a) and (b). Preventing the engagement of children and removing them from the worst forms of child labour. 1. Regional project on the prevention and elimination of the commercial sexual exploitation of children. The Committee notes that, in the context of the ILO/IPEC regional project on the prevention and elimination of the commercial sexual exploitation of children in Central America, Panama and the Dominican Republic, care has been provided to over 195 children and young persons who are victims of commercial sexual exploitation and over 145 have been removed from this worst form of child labour in Guatemala. It also notes that, according to the information available to the Office, by the end of the project, over 540 children will have been prevented from being engaged in this worst form of child labour or will be removed from it in Guatemala. The Committee requests the Government to provide information on the implementation of the ILO/IPEC regional project and on the results achieved in terms of: (a) preventing children from becoming victims of sexual exploitation or trafficking for that purpose; and (b) providing the necessary and appropriate direct assistance for the removal of children from these worst forms of child labour and for their rehabilitation and social integration. It also once again requests the Government to provide information on the economic alternatives provided.

2. Other measures. (i) Measures adopted. The Committee takes due note of the many preventive measures adopted with a view to preventing children from becoming victims of trafficking for commercial sexual exploitation. In particular, it notes the following measures: (i) the preparation of training materials, including a manual for police officers and officials in the migration services on the procedure for identifying victims of trafficking and the measures to be adopted; (ii) a training seminar for state officials on the commercial sexual exploitation of children; and (iii) awareness-raising campaigns for the population.

(ii) Measures to be taken. In its previous comments, the Committee noted the Government’s indication that it intended to establish a national database system on the sexual exploitation of children in 2007. It notes that the ILO/IPEC regional project envisages the strengthening of national institutional capacities. The Committee considers that collaboration and the exchange of information between the various actors concerned with the commercial sexual exploitation of children at the national and local levels, such as governmental organizations, employers’ and workers’ organizations, non-governmental organizations and other civil society organizations is an essential measure for preventing and eliminating commercial sexual exploitation. It requests the Government to provide information on the measures adopted for this purpose. As the country benefits from a certain level of tourism, the Committee also requests the Government to indicate whether measures have been adopted to raise the awareness of the actors directly involved in the tourist industry, such as associations of hotel owners, tourist operators, associations of taxi drivers and owners of bars, restaurants and their employees.

Article 8. International cooperation. Commercial sexual exploitation. In its previous comments, the Committee noted that, in the context of the implementation of the Public Policy and National Plan of Action for Childhood (2004-15), the Government planned to adopt measures in collaboration with neighbouring countries with a view to bringing to an end the sale and trafficking of girls, boys and young persons for the purposes of sexual exploitation. In this respect, the Committee notes with interest the information provided by the Government that, since June 2005, a register has been established for migrant men and women workers from the south of Chiapas by a working group set up by the Governments of Mexico and Guatemala. It notes that the coordination of this register is carried out by the border offices of the Ministry of Labour and Social Insurance, delegations of the General Directorate of Migration and the Guatemalan Consulate in Chiapas. The Committee also notes that the adoption of a regional protocol on the procedure for the repatriation of the victims of trafficking is currently being examined. The Committee is of the view that international cooperation between law enforcement agencies, particularly the judicial authorities and police forces, is indispensable to prevent and combat the trafficking of children, through the collection and exchange of information, and through assistance to detect and prosecute the individuals involved and to repatriate victims. It requests the Government to provide information on the register for men and women migrant workers from the south of Chiapas in relation to the protection of young persons under 18 years of age against trafficking. It also requests the Government to provide information on the measures adopted with other countries participating in the ILO/IPEC project, including Belize, El Salvador and Honduras, to protect young persons under 18 years of age from becoming victims of trafficking and to remove them from this worst form of child labour, such as increasing the numbers of police officers on land, sea and air borders, the establishment of common patrols along territorial frontiers and the opening of transit centres on the borders with neighbouring countries.

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

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first and second reports. It notes with interest that the Government adopted the Act on the integral protection of childhood and adolescence in 2003. It requests the Government to provide information on the following matters.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes with interest that on 25 November 2002 the Government renewed the Memorandum of Understanding (MOU) with ILO/IPEC. The Committee also notes that the National Commission for the Elimination of Child Labour and the Protection of Young Workers is currently drawing up a "Strategic Plan for the elimination of the worst forms of child labour in Guatemala (2004-06)", a copy of the draft of which was provided to the Office. The Committee requests the Government to provide information on any progress achieved in the adoption of this Plan.

Article 3. Worst forms of child labour. The Committee notes the draft reform of the Labour Code transmitted by the Government, which has been submitted to the legislative authorities for adoption. In this respect, it notes with interest that the draft reform of the Labour Code prohibits young persons under 18 years of age from being engaged in types of hazardous work and in the worst forms of child labour. The Committee requests the Government to provide information on developments in this respect.

Clause (a). 1. Sale and trafficking of children for economic exploitation. The Committee notes that section 194 of the Penal Code establishes a penalty for any person who, in any manner whatsoever, facilitates, encourages or causes the entry or removal from the country of women and men for the purposes of prostitution. Noting that section 194 of the Penal Code concerns the sale and trafficking of persons for the purposes of sexual exploitation, the Committee reminds the Government that Article 3(a) of the Convention also covers the sale and trafficking of young persons under 18 years of age for the purposes of economic exploitation. It notes that the national legislation does not appear to contain a provision prohibiting this form of exploitation. It therefore requests the Government to provide information on the measures adopted or envisaged to secure the prohibition of the sale and trafficking of young persons under 18 years of age for the purposes of economic exploitation.

2. Slavery, debt bondage, serfdom and forced or compulsory labour. The Committee notes the Government’s indication that no case of slavery or similar practices has been reported in the country. It also notes that under Article 4 of the Constitution, no person may be subjected to servitude or any other condition infringing her or his dignity.

3. Forced or compulsory recruitment of children for use in armed conflict. In May 2002, Guatemala ratified the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict. Section 57 of the Act of 2003 on the integral protection of childhood and adolescence provides that in the event of armed conflict, boys, girls and young persons have the right not to be recruited and that the State shall secure compliance with the standards of applicable international humanitarian law. The State shall take all possible measures to ensure that persons under 18 years of age do not participate directly in hostilities and are not at any time recruited for military service. While noting this information, the Committee however observes that the national legislation does not appear to contain a provision implementing section 57. It requests the Government to provide information on the manner in which section 57 of the Act on the integral protection of childhood and adolescence is applied in practice.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that section 188 of the Penal Code establishes a penalty for any person who, in any manner whatsoever, facilitates, encourages or causes the prostitution or sexual corruption of a minor, even if the victim consents to participate in sexual acts or to witness their performance. Section 190 of the Penal Code provides that any person who, by means of a promise or agreement, even when lawful in appearance, promotes or occasions the prostitution or sexual corruption of a minor is liable to be penalized. Furthermore, under section 191 of the Penal Code, any person who with a view to gain or with the intention of satisfying the desires of another person, facilitates, encourages or causes prostitution, without distinction as to sex, is liable to a fine. Under the terms of section 192(1) of the Penal Code, the penalty established for the crime of procuring is aggravated if the victim is a minor.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that the national legislation does not appear to 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. The Committee therefore requests the Government to indicate the measures adopted or envisaged with a view to prohibiting any person from using, procuring or offering young persons under 18 years of age for the production of pornography or for pornographic performances, in accordance with Article 3(c) of the Convention. It also requests the Government to adopt provisions establishing appropriate penalties in this respect. In this regard, the Committee draws the Government’s attention to its obligation under Article 1 (read with Article 3(a)) to take immediate measures to secure the prohibition of this form of child labour.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that the national legislation does not appear to contain a provision prohibiting the use, procuring or offering of a young person under 18 years of age for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties. It reminds the Government that, under the terms of Article 1 of the Convention, each Member which ratifies it shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee therefore requests the Government to indicate the measures adopted or envisaged to secure the prohibition and elimination of the use, procuring or offering of a young person under 18 years of age for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties, in accordance with Article 3(c) of the Convention.

Article 3(d) and Article 4, paragraph 1. Types of hazardous work and the determination of the list of types of hazardous work. The Committee notes that section 148 of the Labour Code prohibits work by minors: (a) in unhealthy and hazardous places, as determined by regulation or by the labour inspection services; (c) at night and for the performance of additional hours; and (d) in kiosks or other similar establishments selling alcoholic beverages. The Committee notes with interest that, following multi-sectoral consultations, the Government has determined a detailed list of 29 types of hazardous work.

Article 4, paragraph 2. Identification of where types of hazardous work exist. The Committee notes the information provided by the Government that the rapid assessments undertaken by ILO/IPEC have made it possible to identify the existence of the worst forms of child labour in certain departments of the country. For example, children are reported to be used in: stone cutting in Retalhuleu; quarries in Progreso and Huehuetenango; lime preparation in Huehuetenango; rubbish collection and the handling of explosives in the department of Guatemala; and the handling of explosives in the municipality of San Raymundo and San Pedro Sacatepéquez. Furthermore, the Committee notes with interest that, according to the document "Hazardous work by children and young persons: Identification, location and definition - The worst forms of child labour in Guatemala", the Government has identified the geographical areas in which children employed in the 29 types of work determined as being hazardous are mainly to be found.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. 1. Labour inspection services. The Committee notes that sections 278 to 282 of the Labour Code cover the labour inspection system. In this respect, it notes that under section 278(1) of the Labour Code, the labour inspectorate, through its inspectors and social workers, shall secure the application and compliance with the legislation and collective agreements that are in force governing conditions of work and social security. Section 281 of the Labour Code establishes the responsibilities and rights of labour inspectors and social workers. Under the terms of this provision, labour inspectors and social workers may carry out inspections in any workplace whatsoever, at any hour of the day and night; examine the registers of employees and payslips; and examine the health conditions of workplaces. The Committee requests the Government to provide information on the activities of the labour inspection services, particularly with regard to the worst forms of child labour, by providing extracts of reports and documents. It also requests the Government to provide information on the consultations held with organizations of employers and workers in accordance with the provisions of this Article.

2. Unit for the Protection of Young Workers. The Committee notes the information provided by the Government that the Unit for the Protection of Young Workers of the Ministry of Labour and Social Security, established by the Act on the integral protection of childhood and adolescence (section 94), is one of the institutions which ensures the application of the provisions of the Convention. This Unit is entrusted with carrying out inspections to monitor the implementation and compliance with labour legislation, collective agreements and individual labour contracts and with developing internal and external institutional coordination mechanisms. The Committee requests the Government to provide information on the activities of the Unit for the Protection of Young Workers and on the measures adopted to establish an appropriate mechanism to monitor the implementation of the Convention. It also requests the Government to provide information on the outcome of the various inspections undertaken by the Unit in relation to the worst forms of child labour, particularly through extracts of reports or documents.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the "National Plan for the prevention and elimination of child labour and the protection of young workers (2001-2004)", which was developed following the consultations held from 1999 to 2001 by the Government with civil society. The National Plan principally covers ten departments in the country, namely, Quiché, Huehuetenango, Alta Verapaz, Totonicapán, Sololà, San Marcos, Izabal, Zacapa, Petén and Jalapa. The principal objective of the National Plan is to prevent and eliminate child labour, with emphasis on the immediate elimination of the worst forms of child labour and hazardous types of work. Its specific objectives are education, health, the promotion of adult employment, protection, research and social mobilization, as well as assistance and evaluation. The Committee requests the Government to provide information on the implementation of the "National Plan for the prevention and elimination of child labour and the protection of young workers (2001-2004)" and the results obtained.

Article 7, paragraph 1. Penalties. The Committee notes that section 188 of the Penal Code establishes a penalty of between two and six years of imprisonment for any person who is found guilty of causing the prostitution or sexual corruption of a young person. Section 190 of the Penal Code also establishes a penalty of from one to three years of imprisonment for any person found guilty of causing the prostitution or sexual corruption of a young person by means of a promise or agreement. Furthermore, under section 191 of the Penal Code, any person found guilty of procuring is liable to a fine of between 500 and 2,000 quetzales. Under the terms of section 192(1) of the Penal Code, the penalty laid down for the crime of procuring is aggravated where the victim was a young person. Finally, section 272 of the Labour Code provides for fines of between 1,500 and 5,000 quetzales for the violation of any of its provisions. The Committee requests the Government to provide information on the application of these penalties in practice.

Paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. 1. Programme for the elimination of child labour in the coffee industry in San Marcos. The Committee notes that this Programme covers 1,500 families, composed of 3,000 parents, 600 young persons of between 15 and 18 years of age and 4,000 children under 14 years of age. Under the Programme, some 7,170 children have benefited from the active education programme, 4,000 have received education grants and 1,400 have been prevented from working through the establishment of 35 pre-school teaching centres. The Committee requests the Government to continue providing information on the implementation of this Programme and on the results achieved.

2. Education. The Committee notes that, according to the report of January 2000 of the United Nations Special Rapporteur on the sale of children, child prostitution and child pornography (E/CN.4/2000/73/Add.2, paragraph 8), among persons aged 7 and above the literacy rate is around 60 per cent. However, in rural areas, 70 per cent of the population is illiterate, compared to 30 per cent in urban areas. Some 40 per cent of the indigenous population cannot read Spanish, the official language of the country. The Committee is of the view that education contributes to eliminating the worst forms of child labour. It requests the Government to provide information on the effective and time-bound measures taken to prevent the engagement of those children, and particularly children in urban areas and indigenous children, in the worst forms of child labour.

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. The Committee notes 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 lasted approximately 40 years. According to official estimates, there are 200,000 orphans and 40,000 widows, and during the most violent phase of the armed conflict, 73,000 children and young persons lived with their families in the mountains, surviving in resistance communities. The Government added that it was only in 1995 that it recognized the status of these groups as non-combatant civilians (Confregua). In addition, 200,000 people are thought to have taken refuge abroad, particularly in Mexico, and over 1 million were internally displaced. According to the Government, all these factors had a direct impact on physical, mental and emotional health, access to education, family cohesion and relationships, and the preservation of the identity of thousands of children, particularly indigenous children. The latter suffered in particular from forced recruitment (a practice that has fortunately now ceased), both into the ranks of the national armed forces and into the Civil Self-Defence Patrols (PAC) and the forces of the National Guatemalan Revolutionary Union (URNG). In its concluding observations in July 2001 (CRC/C/15/Add.154, paragraphs 48 and 49), the Committee on the Rights of the Child noted that the Government had launched an action plan for the psycho-social rehabilitation of children affected by the armed conflict based on a preventive programme with community participation. However, the Committee on the Rights of the Child expressed concern at the lack of professional staff prepared to work in these communities and at the insufficient number of services to meet the demand. It also noted with concern that a high number of children were internally displaced or forcibly disappeared during the armed conflict and that the Government did not investigate these disappearances effectively. The Committee on the Rights of the Child therefore recommended that the Government consider complying with the recommendations of the Truth Commission for a national reparation programme which would also cover children affected by the internal armed conflict and that it should investigate effectively all cases of children who were forcibly disappeared by allocating human and financial resources to and cooperating with the National Commission to search for disappeared children. The Committee on the Rights of the Child also recommended that the Government should strengthen its efforts to implement the Programme to support the resettlement of displaced groups and to ensure adequate protection to internally displaced children, with special attention to the problem of lack of identification papers. The Committee of Experts requests the Government to provide information on the measures adopted to follow up the recommendations of the Committee on the Rights of the Child, particularly with regard to measures to secure the rehabilitation and social integration of children and young persons 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. The Committee notes that, according to the information available to the Office, children are engaged in agricultural work from the age of 5 years. Some of them share their time between school and work, while others are not able to attend school. Furthermore, most of those who divide their time between school and work finish school as of the first years of primary education so as to work full time. The Committee notes that direct action was undertaken in 2002 under the Programme with the Chilascó community. In particular, with a view to preventing boys and girls from being engaged at a very early stage in productive activities, measures were taken for them to attend school. The Committee requests the Government to provide information on the results of the "Programme for the elimination of child labour in the production of broccoli", with an indication of the number of children who benefited directly or indirectly from the Programme by being removed from types of hazardous work and reintegrated into school.

3. Peace grants. The Committee notes 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 types of hazardous work to attend school. According to the information available to the ILO, the Government signed an agreement in January 2004 ensuring the extension of the programme for five years, which would benefit over 10,000 boys and girls who are in the process of being removed from work. The Committee requests the Government to provide detailed information on the "peace grants" programme, particularly with regard to the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration.

Clause (d). Children at special risk. Children living in the streets. The Committee notes that, in its concluding observations on the Government’s second periodic report in July 2001 (CRC/C/15/Add.154, paragraphs 54 and 55), the Committee on the Rights of the Child expressed concern at the significant number of children living in the streets and noted that assistance to these children is generally provided mainly by non-governmental organizations. The Committee on the Rights of the Child recommended the Government to expedite the adoption of a National Plan for the care of street children and to ensure that children living in the streets are provided with nutrition, clothing, housing, health care and education, including vocational and life-skills training, in order to support their full development. The Government was also encouraged to ensure that these children are provided with rehabilitation services following physical, sexual and substance abuse, protection from police brutality and services for reconciliation with their families. The Committee notes that the Government has prepared a "National Plan for the protection of boys, girls and young persons in the street". The Committee notes the document entitled "Public Policy and National Plan of Action for Childhood (2004-15)". According to this document, in 2005 the Government envisages evaluating the results achieved by the National Plan with a view to the adaptation of the action undertaken. Furthermore, in 2007 the Government plans 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 considers that children living in the streets are at special risk of the worst forms of child labour. It therefore requests 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 (2004-2015)" 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.

Clause (e). Special situation of girls. 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. The Committee requests the Government to indicate the manner in which it intends to accord special attention to the situation of girls and remove them from the worst forms of child labour in the context of ILO programmes or the "National Plan for the prevention and elimination of child labour and the protection of young workers (2001-2004)".

Paragraph 3. Competent authority responsible for the implementation of the provisions giving effect to the Convention. The Government indicates that the National Commission for the Elimination of Child Labour, established by Government Agreement No. 347-2002, is one of the institutions which monitors the application of the provisions giving effect to the Convention. The National Commission is composed, among others, of the Ministry of Education, the Ministry of Public Health, the Ministry of Agriculture, Stock-raising and Food, the Ministry of Culture and Sports, the Secretariat of Social Assistance, a representative of the Coordinating Committee of Agricultural, Commercial, Industrial and Financial Associations (CACIF) and a representative of trade union federations. The National Commission is responsible, among other matters, for the implementation of the "National Plan for the prevention and elimination of child labour and the protection of young workers (2001-04)". The Committee requests the Government to provide information on the activities of the National Commission for the Elimination of Child Labour and to indicate whether it has established appropriate mechanisms to monitor the implementation of the provisions giving effect to the Convention.

Article 8. Enhanced international cooperation and/or assistance. The Committee notes that Guatemala is a member of Interpol, the organization which assists in cooperation between countries in the various regions, particularly to combat the trafficking of children. The Committee notes 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 obliged 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 the 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 on the Rights of the Child further recommended the Government to identify the amount and proportion of the budget spent on children at the national and local levels in order to evaluate the impact and effect of expenditures on children. The Government was also encouraged to seek international cooperation and technical assistance in this regard. The Committee of Experts requests the Government to provide information on the measures adopted or envisaged in this respect. The Committee also encourages the Government to cooperate with other countries and requests it to provide detailed information on enhanced international cooperation and/or assistance, including support for social and economic development, poverty eradication programmes and universal education.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes 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 notes that the statistics and data contained in this report do not specifically cover the worst forms of child labour. It notes 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 should be carried out so as to establish an overview of these types of work and to identify the socio-economic context, cultural attitudes and the causes of the existence of the worst forms of child labour. This study would provide a basis for establishing fields of intervention and programmes of action. On the basis of this study, the Committee requests the Government 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.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first and second reports. It also notes the comments of the International Confederation of Free Trade Unions (ICFTU), dated 10 January 2002, and those of the Trade Union Confederation of Guatemala (UNSITRAGUA), dated 25 August 2003 and 25 August 2004. Furthermore, the Committee notes the Government’s reply to the matters raised by UNSITRAGUA in its comments of 25 August 2003. It requests the Government to provide information on the issues raised by UNSITRAGUA in its comments of 25 August 2004.

With reference to its comments made under the Forced Labour Convention, 1930 (No. 29), and in so far as Article 3(a) of the Worst Forms of Child Labour Convention, 1999 (No. 182), provides that the term "the worst forms of child labour" comprises "all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour", the Committee considers that the problem of the sale and trafficking of children for sexual exploitation, including prostitution, may be examined more specifically in the context of Convention No. 182.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children for prostitution. In its comments, the ICFTU reports the existence of the trafficking of persons, especially children, for the purposes of prostitution. The majority of children who are victims of such trafficking are from neighbouring countries or other parts of Guatemala, and particularly the border areas with Mexico and El Salvador. In its communication, UNSITRAGUA also indicates that many boys and girls who are victims of trafficking are from neighbouring countries and are used for the purposes of sexual exploitation, including prostitution. This practice is facilitated by the non-existence of adequate controls resulting from the lack of regulations.

In its reply to the comments made by UNSITRAGUA, the Government indicates that section 56 of the Act respecting the integral protection of childhood and adolescence of 2003 provides that boys, girls and young persons are entitled to be protected against any form of sexual exploitation and abuse including: (a) incitation or pressure to engage in any form of sexual activity whatsoever; (b) being used for the purposes of prostitution and in pornographic performances or the production of pornography; and (c) sexual promiscuity. The Government adds that the national legislation includes provisions prohibiting and penalizing prostitution and the corruption of young persons, including sections 188, 189 and 190 of the Penal Code.

The Committee notes that sections 188 and 190 of the Penal Code establish penalties for persons found guilty of causing the prostitution and corruption of young persons. The Committee also notes that section 194 of the Penal Code establishes a penalty of imprisonment for between one and three years and a fine of between Quetzales 500 and 3,000 for any person found guilty of facilitating, encouraging or causing, in any manner whatsoever, the entry or departure from the country of women and men for the purposes of prostitution. The Committee notes, however, that in her report of January 2000 (E/CN.4/2000/73/Add.2, paragraphs 46 and 47), the United Nations Special Rapporteur on the sale of children, child prostitution and child pornography indicates that several cases of the sale of children for prostitution were reported to her in Tecúm Umán. One case involved seven minors engaged in prostitution, two of whom had been sold. They had been between 14 and 16 years of age when they started. The couple who had forced them into prostitution received sentences of 13 and six years in prison, respectively, but on appeal the charges were reduced to soliciting and pimping and the couple were merely fined and then released. The Rapporteur also indicated that many of these children are sold to pimps. State officials also informed her that there are children from El Salvador, Honduras, Mexico and Nicaragua who are engaged in prostitution in Guatemala, and that Guatemalan children go to those countries for the same reason.

The Committee reminds the Government that, under the terms of Article 3(a) of the Convention, the sale and trafficking of children for sexual exploitation, including prostitution, is considered to be one of the worst forms of child labour and that, under Article 1 of the Convention, each Member which ratifies it must take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee requests the Government to renew its efforts to protect children against sale and trafficking for the purposes of sexual exploitation, including prostitution. It also requests the Government to provide information on the application of penalties in practice, including through the provision of reports on the number of reported infringements, investigations, prosecutions and convictions.

Article 6. Programmes of action to eliminate the worst forms of child labour. In its reply to UNSITRAGUA’s comments, the Government indicates that, with regard to children, specific policies for the elimination of the worst forms of child labour exist, inter alia, in the "National Plan of Action against the commercial sexual exploitation of girls, boys and young persons in Guatemala". The Government adds that ILO/IPEC has undertaken a series of rapid assessments in several sectors of economic activity, including prostitution. According to the Government, these rapid assessments have made it possible to identify the existence of the worst forms of child labour in certain departments in the country. For example, children are reported to be used for prostitution in the department of San Marcos, on the border with Mexico, in Suchitepéquez and Escuintla.

The Committee notes that, in its concluding observations on the Government’s second periodic report in July 2001 (CRC/C/15/Add.154, paragraphs 52 and 53), the Committee on the Rights of the Child indicated that, while noting the elaboration of the National Plan of Action against commercial sexual exploitation was in its final stage, it expressed its deep concern that, with regard to the increasing phenomenon of the commercial sexual exploitation of children, in particular girls, there are no data available, legislation is inadequate, cases involving sexually exploited children are often not investigated and prosecuted and no rehabilitation programmes are available. The Committee on the Rights of the Child recommended the Government to expedite the adoption of the National Plan against commercial sexual exploitation, taking into account the Agenda for Action adopted by the Stockholm World Congress against commercial sexual exploitation, and to undertake a study on this issue in order to understand its scope and causes, to enable effective monitoring of the problem and to develop all necessary measures and programmes to prevent, combat and eliminate it. The Committee on the Rights of the Child also invited the Government to seek international cooperation.

The Committee further notes the report entitled "The commercial sexual exploitation of boys, girls and young persons in Guatemala", published by ILO/IPEC in March 2003. This report indicates that the situation is very serious and that very few institutions are addressing the problem of sexual exploitation, including prostitution, on an urgent basis. Despite the formulation by the Secretariat for Social Welfare of the "National Plan of Action against the commercial sexual exploitation of girls, boys and young persons", the measures necessary to prevent, penalize and protect children have not been adopted. The Committee notes the document entitled "Public policy and National Plan of Action for Childhood (2004-2015)". According to this document, the Government intends to adopt measures in 2005 at the national and international levels and in collaboration with neighbouring countries with a view to bringing to an end the sale and trafficking of girls, boys and young persons for the purposes of sexual exploitation. Furthermore, in 2007, the Government envisages: establishing a national database system on the sexual exploitation of children; developing a system to prevent the sexual exploitation of children; and implementing specialized support programmes for children affected by commercial sexual exploitation, including programmes of assistance for their rehabilitation and social, educational and family integration.

The Committee requests the Government to provide information on the implementation and impact of the "National Plan of Action against the commercial sexual exploitation of girls, boys and young persons in Guatemala" and the "Public Policy and National Plan of Action for Childhood (2004-2015)", particularly in relation to the rehabilitation and social integration of child victims of trafficking for prostitution.

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