Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Guatemala (Ratification: 2001)

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.