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

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

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.