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

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

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.