Minimum Age Convention, 1973 (No. 138) - Guatemala (RATIFICATION: 1990)

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Articles 1 and 2(3) and (4) of the Convention. Raising the minimum age for admission to employment. The Committee welcomes Ministerial Decision No. 260-2019, which provides that the General Labour Inspectorate shall issue authorizations for young persons to be engaged in employment from the age of 15 years. It also notes the Government’s indication that in April 2022 the Legislation and Labour Policy Subcommission of the National Tripartite Committee on Labour Relations and Freedom of Association adopted a tripartite decision that the Government would submit a draft legislative initiative to raise the minimum age for admission to employment to 15 years of age. The Committee encourages the Government to continue taking the necessary measures to raise the minimum age for admission to employment from 14 to 15 years, and requests it to continue providing information on progress made in this respect.

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The Committee notes the observations of the Coordinating Committee of Agricultural, Commercial, Industrial and Financial Associations (CACIF), forwarded by the Government with its report.

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee notes the information provided in the Government’s report on the adoption by the Ministry of Employment and Social Welfare of Ministerial Decision No. 260-2019 of 23 July 2019 approving the procedure for the effective application of ILO Convention No. 138. The Decision provides that the Protection Unit for Young Workers will coordinate action with the General Labour Inspectorate to monitor admission to employment for young persons, as well as regular inspection of the various sectors where there is a possibility of children being engaged in child labour (sections 3 and 5 of the Decision). The Committee also notes that the National Commission for the Prevention and Elimination of Child Labour (CONAPETI) was replaced in 2019 by the Thematic Round Table for the Prevention and Eradication of Child Labour in the Specific Social Development Cabinet, with the participation of the General Labour Inspectorate. The Thematic Round Table has been discussing the establishment of Comprehensive Care Centres for the Prevention and Eradication of Child Labour (CAIPETI), the Child Labour Risk Identification Model (MIRTI) and the development of the Strategy and National Plan for the Prevention and Eradication of Child Labour and Work by Young Persons. The Departmental Committees for the Prevention and Eradication of Child labour (CODEPETIS) will continue to operate. The Committee notes the Government’s indications in its report on the Worst Forms of Child Labour Convention, 1999 (No. 182), concerning the findings of the final evaluation of the implementation of the Roadmap to make Guatemala a country free from child labour and its worst forms (2016–20) carried out with representatives of the 21 CODEPETIS. In this regard, it notes that the conclusions of the evaluation emphasize: (i) the lack of institutionalization of the commitments set out in the Roadmap; (ii) the absence of budgetary allocations to the bodies responsible for its implementation; and (iii) the lack of social involvement in its implementation.

The Committee notes the indication in the CACIF’s observations that employers are participating actively in the Thematic Round Table on the Prevention and Eradication of Child Labour, as well as the CODEPETIS, and are committed to undertaking awareness-raising activities in enterprises. It also reports various enterprise initiatives, particularly in the agricultural sector, to prevent and combat child labour.

While noting all this information, the Committee observes that, according to the findings of the National Survey of Employment and Income 2-2018, available on the official webpage of the National Institute of Statistics, 297,408 boys and 99,071 girls under 14 years of age are engaged in child labour. The Committee also observes that, between January 2018 and May 2022, the labour inspection services detected 136 cases of child labour during inspections in private enterprises in the various departments of the country. The Committee hopes that all the measures adopted, including the follow-up to the Roadmap to make Guatemala a country free from child labour and its worst forms will contribute to the progressive elimination of child labour and requests the Government to provide information on this subject.

With reference to the activities of the labour inspection services to combat child labour, the Committee also requests the Government to investigate the causes of the significant difference between the number of cases of child labour detected in enterprises during inspections and the high number of children under 14 years of age who are engaged in child labour, according to the National Survey of Employment and Income 2018. The Committee considers that this will provide a basis for identifying the measures that could be taken to strengthen the capacities of the labour inspection services to combat child labour, including in the informal economy. The Committee also requests the Government to provide updated statistical data on the nature and extent of child labour.

Article 2(1) and (3). Minimum age for admission to employment. The Committee notes the Government’s indication that, on the basis of the recommendations made, the Guatemalan Social Security Institute (IGSS) has prepared new proposed regulations on the manual lifting and transport of loads that would repeal Decision No. 885 of 1990, which provides that boys and girls aged over 13 years may undertake the lifting, carrying or moving of loads appropriate to their age, on condition that such work is not prejudicial to their development and does not prejudice their health and/or safety. The Committee takes due note of this information and trusts that the new regulations on the manual lifting and transport of loads that are adopted will bring the minimum age for that work into line with that established in the Labour Code and the Act on the comprehensive protection of children (14 years).

Article 3(1). Minimum age for admission to hazardous types of work. With reference to the need to amend section 148(a) of the Labour Code (under the terms of which the minimum age for hazardous types of work shall be determined by the regulations for the respective occupation or the labour inspectorate) in order to set the general minimum age at 18 years for all hazardous types of work, in accordance with Government Decision No. 250-2006, the Government indicates that the legislative initiative to amend the Labour Code in this respect is still awaiting discussion in Congress. The Committee trusts that this amendment will be adopted without delay to ensure that the Labour Code sets the minimum age for hazardous types of work at 18 years, in accordance with Decision No. 250-2006.

Article 6. Minimum age for work done in education or training programmes. The Committee trusts that the envisaged revision of the Labour Code will set the minimum age for admission to work done in education and training programmes at 14 years, in accordance with the provisions of the Convention.

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

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Article 2(1) and (3) of the Convention. Minimum age for admission to employment. In its previous comments, the Committee noted that, according to the Government’s report on the application of the Maximum Weight Convention, 1967 (No. 127), section 7 of Government Decision No. 885 of the Board of the Guatemalan Social Security Institute of 26 March 1990 provides that boys and girls aged over 13 years may be engaged in lifting, carrying or moving loads appropriate to their age, on condition that such work is not prejudicial to their health and does not compromise their health and/or safety. The Committee requested the Government to specify whether Government Decision No. 885 was still in force and to provide information on its application in practice.

The Committee notes the information contained in the Government’s report that the Guatemalan Social Security Institute (IGSS), in message No. 115 of 6 February 2018, indicates that Government Decision No. 885 is not governmental in nature, as it is a decision of the Administrative Board of the IGSS, dated 27 February 1990, and that it is still in force. The IGSS indicates that it bases its action on compliance with the Labour Code, the Occupational Safety and Health Regulations, Government Decision No. 229-2014 and the amendments made to Government Decision No. 33-2016, as well as the decisions of its Administrative Board, adopting criteria which are to the greatest benefit of citizens. Recalling once again that the Labour Code and the Act on the comprehensive protection of children and young persons of 2003 prohibit work by young persons under 14 years of age in any activity, including the informal economy, the Committee requests the Government to take the necessary measures to bring Government Decision No. 855 of the Guatemalan Social Security Institute into conformity with the Labour Code and the Act on the comprehensive protection of children in terms of the minimum age authorized.

Article 3(1). Minimum age for admission to hazardous types of work. In its previous comments, the Committee noted the lack of information provided by the Government concerning section 4 of the draft reform of the Labour Code (Initiative No. 4205) envisaging the amendment of section 148(a) so as to prohibit the engagement of young persons under 18 years of age in the various types of hazardous work, with a view to harmonizing the minimum age for admission to hazardous types of work in Government legislation. The Committee once again requested the Government to take the necessary measures to bring the provisions of the Labour Code into harmony with Decision No. 112-2006 and Decision No. 250 2006, which prohibit work by children and young persons under 18 years of age in the various types of work as soon as possible.

The Committee notes, from the Government’s report, the process of the amendment of the Labour Code with a view to harmonizing the legislative texts on the minimum age for admission to hazardous types of work, through the legislative initiative on harmonization intended to prevent and eliminate child labour in Guatemala, which was submitted to the leadership of the Congress of the Republic of Guatemala on 2 June 2014 as Act No. 4849. Since then, the legislative initiative has followed several stages: it had a first reading in 2014, following which the representatives of employers and workers were invited to discuss and provide their recommendations on the legislative initiative to the representatives of each ministry, the representatives of global trade unions, the Ministry of Public Health and the NGO Save the Children, as well as national municipal associations. Finally, in 2018, the issue was raised in the ordinary meetings of the Tripartite Committee on International Labour Affairs and in the meeting of the National Tripartite Commission on Labour Relations and Freedom of Association. The Committee therefore once again requests the Government to continue taking the necessary measures with a view to bringing the provisions of the Labour Code into harmony with Decision No. 112-2006, Decision No. 250-2006 and the Proclamation of the labour inspection services as soon as possible. It once again requests the Government to provide information on the progress achieved in this respect.

Article 6. Apprenticeship. Age of admission to apprenticeship. In its previous comments, the Committee noted that the Government had not provided information concerning the fact that section 171 of the Labour Code did not determine the age for admission to apprenticeship and that a joint reading of section 24 of the Regulations on the protection of children and young persons at work and section 2 of Decree No. 27-2003 issuing the Act on the comprehensive protection of children and young persons allows the inference that the age of admission to apprenticeship is 13 years. The Committee also noted that the Tripartite Committee on International Labour Affairs had commenced a review of national labour legislation and that the issue of the minimum age for admission to apprenticeship would be brought to its attention. The Committee requested the Government to take the necessary measures to bring the provisions of the national legislation into compliance with Article 6 of the Convention by setting a minimum age for admission to apprenticeship of 14 years.

The Committee notes, from Annex 14 of the Government’s report, that the process of the amendment of sections 170, 170 bis, 171, 171 bis, 172, 173, 174 and 174 bis of the Labour Code, commenced in 2010, is continuing in 2018. The Committee once again urges the Government to take the necessary measures to bring the provisions of the national legislation into compliance with Article 6 of the Convention by setting a minimum age for admission to apprenticeship of 14 years. It requests the Government to provide information on the progress achieved in this regard.

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

Article 1 of the Convention. National policy, labour inspection and application of the Convention in practice. In its previous comments, the Committee observed that the information provided by the labour inspection services lacked detail concerning the subjects covered, the nature of the violations reported and the penalties imposed. The Committee noted that the Committee on Economic, Social and Cultural Rights, in its concluding observations in 2014 (E/C.12/GTM/CO/3, paragraph 20), expressed concern at the persistence of child labour in Guatemala, especially in agriculture and domestic work. It requested the Government to continue taking measures in practice to strengthen the capacity and expand the reach of the labour inspection services in their action to prevent and combat child labour. It also requested the Government to continue providing information on the manner in which the Convention is applied in practice, particularly on the basis of statistics of labour by children under 14 years of age, extracts from the reports of the inspection services and information on the number and nature of the violations reported and the penalties imposed.

The Committee notes the information contained in the Government’s report to the effect that the Ministry of Labour and Social Security, with the support of the Office of the United Nations High Commissioner for Human Rights (OHCHR) and the structural reform fund of the German Agency for International Cooperation (GIZ), has printed and disseminated the “single protocol on procedures for the labour inspection system” as a tool to reinforce the General Labour Inspectorate.

The Committee notes the statistics of the Ministry of Labour and Social Security and the General Labour Inspectorate concerning cases of child labour detected by the labour inspection services: in 2015, of the 85 cases of child labour detected, 27 resulted in reconciliation between the parties and 19 victims renounced or abandoned their complaint; in 2016, of the 67 cases of child labour detected, 16 resulted in reconciliation between the parties and nine victims renounced or gave up their complaint; in 2017, of the 26 cases of child labour detected, six resulted in reconciliation between the parties and nine victims renounced or abandoned their complaint. In 2015, the labour inspection services carried out 6,686 inspections in sectors in which hazardous types of work are predominant, such as activities relating to the cultivation, harvesting, handling and processing of sugar cane and the export of sugar, as well as the African palm sector, hotels, restaurants and, finally, the sector of the production and distribution of fireworks. During these inspections, 68 child workers under the age of 18 years were found, including 33 boys and 14 girls between the ages of 14 and 17 years and 17 boys and four girls under 13 years of age. In 2016, a total of 5,590 inspections were undertaken by the labour inspection services in the same sectors. A total of 97 child labourers under 18 years of age were detected, including 60 boys and 14 girls between the ages of 14 and 17 years and seven boys and four girls under 13 years of age. In 2017, inspections were focused on sectors in which there is proof of violations related to child labour, such as local shops, workshops and tortilla outlets. In total, 1,734 inspections were undertaken by the labour inspection services, in which 37 children under 18 years of age were detected, including 23 boys and 12 girls between the ages of 14 and 17 years, and one boy and one girl under 13 years of age.

The Committee notes that, according to the joint observations of the IOE and the CACIF, there was a positive legislative change in 2017 with the adoption of Act No. 5198, amending Decree No. 1441, which amends the Labour Code and allows the General Labour Inspectorate to impose penalties directly in cases of the violation of labour rights. They indicate that the labour inspection services could only recommend a fine previously, but that this change considerably reinforces their potential action, including the possibility of imposing penalties.

The Committee also notes that the General Labour Inspectorate may also participate in the National Commission for the Elimination of Child Labour (CONAPETI), as set out in Government Decision No. 347-2002 and Government Reform Decision No. 103-2015.

The Committee notes from the Government’s report that the road map “for a Guatemala free from child labour 2016–20” was reprogrammed in 2017. The programme is based on the current situation of child labour in Guatemala, the international framework and the lessons drawn from the outcome of previous road maps (2010–12 and 2013–15) with a view to determining the strong points and challenges for its implementation. The strategy is also based on the association of the various institutions and bodies which make up the Executive Secretariat of the CONAPETI and the departmental committees (CODEPETIS) in order to ensure that its programming has a sectoral and territorial dimension. The components of the road map are as follows: (i) action to combat poverty; (ii) health policy; (iii) education policy; (iv) regulatory framework and overall protection; (v) awareness-raising and citizen’s participation; and (vi) replication of knowledge and follow-up.

The Committee takes due note of the detailed information provided by the Government in Annex 5 to its report on the various actions carried out within the context of the Road map between 2015 and 2017 in the various regions of the country with a view to the progressive eradication of child labour and the minimum age for admission to employment such as: 15 actions in the various departments of the northern region; 13 actions in the departments of the southern region; 53 actions in the departments of the western region; 41 actions in the departments of the eastern region; and 18 actions in the departments of the central region of the country. The action undertaken has included the following: (i) departmental dialogues for children and young persons on their rights; (ii) conferences on the rights of the child; (iii) training on labour law and child labour for the personnel of enterprises, public employees and unions, (iv) training for employers on labour legislation respecting employers’ obligations; (v) awareness-raising campaigns on the penalties and consequences of the recruitment of minors; (vi) analyses of child labour; and (vii) meetings with the legal representative of the Chamber of Commerce and Industry of Guatemala and the legal representative of trade unions.

While taking due note of the measures taken by the Government, the Committee requests it to continue its efforts to ensure the progressive elimination of child labour. It also requests the Government to continue providing information on the results achieved in the context of the implementation of the Road map for a Guatemala free of child labour and the worst forms of child labour. Furthermore, the Committee requests the Government to continue adopting practical measures to reinforce the capacity and extend the scope of the labour inspection services in terms of their action to prevent and combat child labour, in view of their important role in enforcing the minimum age for admission to employment. In view of the reform of the Labour Code in 2018, referred to above, the Committee requests the Government to provide detailed information on the number and nature of the violations detected and the penalties imposed by labour inspectors during inspections.

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

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Article 2(1) and (3) of the Convention. Minimum age for admission to employment. The Committee noted previously, according to the Government’s report on the application of the Maximum Weight Convention, 1967 (No. 127), that section 7 of Government Agreement No. 885 of the Board of the Social Security Institute of 26 March 1990 provides that boys and girls aged over 13 years may be engaged to lift, carry or move loads appropriate to their age, on condition that this is not detrimental to their health and does not compromise their health and/or safety. Noting that the Government’s report does not contain any information on this subject, and considering that section 148(e) of the Labour Code prohibits any type of work or employment by children under 14 years of age, the Committee once again requests the Government to specify whether Government Agreement No. 885 is still in force and to provide information on its application in practice.

Article 3(1). Minimum age for admission to hazardous work. In its previous comments, the Committee noted that section 148(a) of the Labour Code prohibits work by minors in unhealthy and dangerous workplaces. However, it observed that the Labour Code does not define the term “minor” and that it is therefore impossible to determine the minimum age from which a minor may be admitted to perform hazardous work. In this regard, the Government indicated that section 4 of the draft reform of the Labour Code (Initiative No. 4205) envisages the amendment of section 148(a) so as to prohibit the engagement of young persons under 18 years of age in various types of hazardous work. The Committee also noted that section 32 of Government Agreement No. 112-2006 of 7 March 2006 issuing regulations on 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.

The Committee notes that the Government’s report does not contain any information concerning the draft reform of the Labour Code. The Committee therefore once again requests the Government to take the necessary measures to bring the provisions of the Labour Code into conformity with Agreement No. 112-2006, Agreement No. 250-2006 and the Labour Inspection Proclamation as soon as possible. It once again requests the Government to provide information on the progress achieved in this regard.

Article 6. Apprenticeship. Age of admission to apprenticeship. The Committee noted previously that section 171 of the Labour Code does not specify the minimum age for admission to apprenticeship. It also noted that, under the terms of section 150 of the Labour Code, the general labour inspectorate may issue a written authorization allowing daily work by minors under 14 years of age, and that the authorization must state that the minor will be working as an apprentice. The Committee emphasized that a joint reading of section 24 of the Regulations on the protection of children and young persons at work and section 2 of Decree No. 27-2003 issuing the Act on the comprehensive protection of children and young persons allows the inference that the age of admission to apprenticeship is 13 years. The Committee noted that the Tripartite Committee on International Labour Affairs had commenced a review of national labour legislation and that the issue of the minimum age for admission to apprenticeship would be brought to its attention. Finally, the Government indicated that the Special Labour Inspectors Unit provides the basis for the application of Article 6 of the Convention by providing that no minor under 14 years of age may be party to an apprenticeship contract.

The Committee notes that the Government’s report does not contain any new information concerning the revision of the national labour legislation with regard to the issue of the minimum age for admission to apprenticeship. The Committee once again urges the Government to take the necessary measures to bring the provisions of the national legislation into conformity with Article 6 of the Convention by setting the minimum age for admission to apprenticeship at 14 years. It requests the Government to provide information on the progress achieved in this regard.

The Committee requests the Government to take into consideration its comments concerning the discrepancies between the national legislation and the Convention and invites it to examine the possibility of ILO technical assistance to help it bring the legislation 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 to support beneficiary countries of the European Union Generalized System of Preferences (GSP+) to implement international labour standards effectively, which targets four countries, including Guatemala.

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The Committee notes the observations of the Trade Union of Workers of Guatemala (UNSITRAGUA) received on 22 October 2014.

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted the statistics on child labour in Guatemala and expressed concern at the number and situation of children under 14 years of age who work. It noted the development by the Government, in collaboration with ILO–IPEC, of a Roadmap to ensure that Guatemala is a country free from child labour and its worst forms. The Committee noted that the labour inspection services had only detected two children under 14 years of age engaged in work. It therefore requested the Government to strengthen the capacity of these services.

The Committee notes the indications by UNSITRAGUA that the National Survey of Employment and Income (ENEI) of 2013 shows that 9.2 per cent of children between the ages of seven and 14 years are engaged in work, of whom 67 per cent work in agriculture. UNSITRAGUA adds that child labour in agriculture is invisible, as 11 per cent of child workers help their parents, are not therefore paid and have generally been working since the age of 8 years. It further indicates that the general labour inspectorate is reported to be tolerant in relation to child labour in agriculture. It notes in this respect that, according to the extract of the operational plan of the inspection services concerning child labour in agriculture, 1,999 enterprises were reported to have been inspected, of which 582 enterprises were listed under the heading “not applicable”, without any indication of what that means. Moreover, out of a total of 96 enterprises which are not fulfilling their obligations, only 76 received warnings and no information is provided on the measures applied in the 20 remaining enterprises which were in breach of their obligations. UNSITRAGUA adds that there is reported to be a total of 224 labour inspectors, which is largely insufficient to cover all the enterprises that exist in the country. Finally, it refers to limited access to justice in the field of labour law, indicating that in 2013, of the 16,156 actions carried out by the inspection services, only 2,215 cases, or 14 per cent, were referred to the courts, and only 39 per cent of those cases resulted in convictions.

The Committee notes the Government’s indication that 14 new labour inspectors have entered the Special Inspection Unit in response to the high number of children who work. It notes the extracts of the reports on the operational plans of the general labour inspectorate for 2013, provided by the Government. It observes that the labour inspection services detected the presence of 24 children under 14 years of age engaged in work in the fields of construction, rubbish collection, agriculture and establishments operating at night. The Committee also notes that the general labour inspectorate has developed an annual inspection plan by sector with a schedule for 2015, with the aim of inspecting all enterprises in which there could be child labour, and working jointly with the Worker Protection Unit (UPAT). While taking due note of the reports of the labour inspection services, the Committee observes that the information provided lacks detail concerning the headings referred to, the nature of the violations reported and the penalties imposed. Finally, the Committee notes that the Committee on Economic, Social and Cultural Rights, in its concluding observations of 2014 (E/C.12/GTM/CO/3, paragraph 20) expresses concern at the persistence of child labour in Guatemala, especially in agriculture and domestic services. While noting the measures adopted by the Government, the Committee notes with concern that a significant number of children under the minimum age for admission to employment are engaged in work in Guatemala. The Committee once again urges the Government to intensify its efforts to ensure the progressive elimination of child labour. It continues to request the Government to take practical measures to strengthen the capacity and expand the reach of the labour inspectorate in its action to prevent and combat child labour, taking into account its important role in enforcing the application of the minimum age for admission to employment. The Committee also requests the Government to continue providing information on the results achieved through the implementation of the roadmap to ensure that Guatemala is a country free of child labour and its worst forms. Finally, it requests the Government to continue providing information on the manner in which the Convention is applied in practice, particularly based on statistics on work by children under 14 years of age, extracts from the reports of the inspection services and information on the number and nature of the violations reported and the penalties imposed.

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

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Article 2(1) and (3) of the Convention. Minimum age for admission to employment. The Committee notes from the Government’s report on the application of Convention No. 127 that section 7 of Government Agreement No. 885 of the Board of the Social Security Institute, of 26 March 1990, provides that men and women under age but older than 13 years of age can perform work to lift, carry or move loads of weights appropriate to their age, provided that this is not detrimental to their health nor compromises their health and safety. Considering that section 148(e) of the Labour Code prohibits any type of work or employment for children under 14 years of age, the Committee asks the Government to clarify whether Government Agreement No. 885 is still in force and requests it to provide information on its application in practice.

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Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted the statistics on child labour in Guatemala and expressed concern at the number and situation of children under 14 years of age who work. It noted the development by the Government, in collaboration with ILO–IPEC, of a “roadmap” to ensure that Guatemala is a country free from child labour and its worst forms, as well as the results of the programme Mi Familia Progresa. It also observed that the Committee on the Rights of the Child, in its concluding observations of 25 October 2010, regretted that the implementation of the various initiatives to address violations of children’s rights was insufficient and suffered from a lack of adequate evaluation due to institutional weaknesses and the inadequate allocation of resources (CRC/C/GTM/CO/3-4, paragraph 19). In these circumstances, the Committee urged the Government to intensify its efforts to ensure the progressive elimination of child labour, including through strengthening the labour inspectorate.

The Committee notes the extracts from the reports of the inspection services and information on the number and nature of the violations reported for 2011. It observes that the labour inspection services identified two children under 14 years of age engaged in work.

The Committee notes from the Government’s report on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), that the Government has developed a plan of action which puts forward detailed measures to implement the “roadmap” to ensure that Guatemala is a country free from child labour and its worst forms. 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 Ministry of Labour in collaboration with ILO–IPEC is developing a monitoring and evaluation system to measure the results and impact of the implementation of the roadmap. The Committee likewise notes from the information provided by the Government on the application of Convention No. 182, that in 2011 the Government’s National Commission for the Eradication of Child Labour (CONAPETI) established inter-agency committees for the eradication of child labour in the 22 departments of the country, which aim to prevent, identify and reduce child labour at the local level. It notes the plan for the institutional strengthening of these inter-agency committees, which provides for a detailed strategy, planned activities, and indicators for measuring results.

However, the Committee notes the statistics of the Understanding Children’s Work project, based on the 2011 results of the National Study of Living Conditions in Guatemala (ENCOVI), according to which 13.4 per cent of children between 7 and 14 years of age are engaged in economic activity (8.4 per cent of girls and 18 per cent of boys in this age group). Of these children, 39.4 per cent are exclusively working, whereas 17.3 per cent are working and attending school. The agricultural sector is the branch of economic activity with the most child workers (68.3 per cent), followed by services (18.3 per cent) and manufacturing (12 per cent). The 2010 UNICEF statistics indicate that 21 per cent of children between the ages of 5 and 14 are working.

While noting the measures taken by the Government, the Committee expresses concern at the large number of children who work and who are below the minimum age for admission to employment or work, and again urges the Government to intensify its efforts to ensure the progressive elimination of child labour. It requests the Government to take practical measures to strengthen the capacity and expand the reach of the labour inspectorate in its action to prevent and combat child labour, taking into account its important role for the purpose of monitoring the implementation of the minimum age for employment. In this regard, the Committee also requests the Government to provide information on the results 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. The Committee also requests the Government to continue to provide information on the manner in which the Convention is applied in practice, based in particular on statistics on the employment of children under 14 years of age, extracts from the reports of the inspection services and information on the number and nature of the violations reported and the sanctions imposed.

Article 3(1). Minimum age for admission to hazardous work. In its previous comments, the Committee noted that section 148(a) of the Labour Code prohibits work by minors in unhealthy and dangerous workplaces. However, it observed that the Labour Code does not define the term “minor” and that it is therefore impossible to determine the minimum age from which a minor may be admitted to perform hazardous work. In this respect, it noted that section 4 of the draft reform of the Labour Code (Initiative No. 4205) envisaged the revision of section 148(a) so as to prohibit the engagement of young persons under 18 years of age in various types of hazardous work. The Committee also noted that section 32 of Government Agreement No. 112-2006 of 7 March 2005 issuing Regulations on 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.

The Committee notes Government Agreement 250-2006 regulating the application of ILO Convention No. 182, which in section 7 provides a detailed list of the types of hazardous work prohibited for children under 18 years of age. The Committee also notes the official statement by the labour inspectorate, which while recalling ILO Convention No. 138 and section 148 of the Labour Code, declares the prohibition of any employment or work which is likely to jeopardize the health, safety and morals of persons under 18 years of age, and contains a detailed list of types of employment which, due to their nature or condition, are considered hazardous for minors. Yet, the Committee notes that the Government’s report contains no information about the draft reform of the Labour Code.

In order to ensure that the law is unambiguous on this point, the Committee requests the Government to take the necessary steps to harmonize the provisions of the Labour Code with Agreement No. 112-2006, Agreement No. 250-2006 and the declaration of the labour inspectorate. To this end, the Committee expresses the firm hope that the draft reform of the Labour Code will be adopted in the very near future so that the national legislation is in conformity with the Convention on this point. It again requests the Government to provide information on the progress achieved in this regard.

Article 6. Apprenticeship. Age of admission to apprenticeship. The Committee noted previously that section 171 of the Labour Code does not establish a minimum age for admission to apprenticeship. It also noted that, by virtue of section 150 of the Labour Code, the General Labour Inspectorate can issue a written authorization allowing daily work by minors under 14 years of age. This authorization must state that the minor will be working as an apprentice. The Committee also pointed out that a reading of section 24 of the Regulations on the protection of children and young persons at work and section 2 of Decree No. 27/2003 issuing the Act on the comprehensive protection of children and young persons suggests that the age of admission to apprenticeship is 13 years. For its part, the Government indicated that the Special Labour Inspectors Unit provides the basis for the application of Article 6 of the Convention by providing that no minor under 14 years of age may be a party to an apprenticeship contract. The Committee noted the Government’s indication that the Tripartite Committee on International Labour Affairs had started a review of the national labour legislation and that the issue of the minimum age for admission to apprenticeship would be brought to its attention.

The Committee notes that the Government’s report contains no information relating to the reform of the national labour legislation on the issue of the age of admission to apprenticeship. The Committee therefore again urges the Government to take the necessary measures to harmonize the provisions of the national legislation with Article 6 of the Convention so as to establish a minimum age for admission to apprenticeship of 14 years. It requests the Government to continue to provide information on the progress achieved in this respect in its next report.

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

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Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted that, according to the study entitled Understanding child labour in Guatemala, carried out in 2000 by the National Statistical Institute, around 507,000 boys and girls aged between 7 and 14 years were engaged in work in Guatemala. The agricultural sector was the branch of economic activity with the most child workers (62 per cent), followed by commerce (16.1 per cent), manufacturing (10.7 per cent), services (6.1 per cent) and construction (3.1 per cent). It noted that the Special Labour Inspectors Unit of the Ministry of Labour and Social Welfare formulated a project in 2006 with a view to monitoring the application of the provisions of the Labour Code and the Act on the comprehensive protection of children and young persons of 2003. It also noted that a public policy for the full protection of children and young persons and an Action Plan on Children and Young Persons (2004–15) had been adopted.

The Committee notes the results of the study on living conditions in Guatemala in 2006 provided in the Government’s report. According to the results of this survey, it is estimated that 528,000 children between the ages of 7 and 14 years were engaged in work in the country in 2006. In addition, of the 966,361 children and young persons between 5 and 17 years of age engaged in an economic activity, 7.7 per cent were between 5 and 9 years of age and 47 per cent between 10 and 14. Accordingly, nearly two-thirds of the children and young persons under 17 years of age who work in the country are between 5 and 14 years of age. Most of these children are indigenous boys from rural areas of the country. The economic sectors most affected by child labour are agriculture, stock-raising, hunting, forestry and fishing, the commercial sector and manufacturing. The great majority of children are unpaid (95 per cent of 5–9 year olds and 76.6 per cent of 10–14 year olds) and work more than 20 hours a week. Furthermore, nearly 20 per cent of children between the ages of 5 and 9 years who work and 30 per cent of those aged 10–14 do not go to school.

The Committee also notes the statistics provided in the Government’s report concerning the cases of child labour detected by labour inspectors in 2009 and 2010. It observes that the labour inspection services identified three children under 14 years of age engaged in work during inspections during 2009, and none in 2010. Nevertheless, the Committee 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, only eight of the 250 existing labour inspectors in the country have received training on child labour.

The Committee however notes that, according to the information provided in the Government’s report, Guatemala has formulated, in collaboration with ILO–IPEC, a “roadmap” to ensure that Guatemala is a country free from child labour and its worst forms. The roadmap constitutes a strategic national framework based on the achievement of the objectives set out in Decent work in the Americas: An agenda for the Hemisphere, namely the elimination of the worst forms of child labour by 2015 and the eradication of child labour in all its forms by 2020. It also notes that, according to the information contained in the ILO–IPEC report of June 2010 on the project entitled “Elimination of Child Labour in Latin America (Phase III)”, the 2010–12 programme for the implementation of the roadmap has been prepared and is awaiting approval. The Committee also notes the establishment by the Government of Guatemala of the programme Mi Familia Progresa with a view to promoting education as a means of contributing to the eradication of child labour through the prevision of cash benefits conditional upon the school attendance of children. The strategic document for the implementation of the roadmap envisages extending the coverage of this programme with a view to covering 800,000 children between the ages of 6 and 15 years by 2015.

The Committee takes due note of the measures adopted by the Government for the abolition of child labour. However, it observes 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 19), regretted that the implementation of the various initiatives to address violations of children’s rights is insufficient and suffers from a lack of adequate evaluation due to institutional weaknesses and the inadequate allocation of resources. Once again expressing concern at the number and situation of children under 14 years of age who work in Guatemala, the Committee urges the Government to intensify its efforts to ensure the progressive elimination of child labour. In this respect, it requests the Government to envisage the possibility of adopting all possible measures including adapting and strengthening the labour inspection services so as to ensure the protection set out in the Convention for children and young persons under 14 years of age. It also requests the Government to provide information on the measures adopted and the results achieved in the context of the implementation of the roadmap with a view to the abolition of child labour by 2020. Finally, the Committee requests the Government to continue providing information on the application of the Convention in practice including, for instance, statistics on the employment of children and young persons disaggregated by sex and age, extracts from the reports of the inspection services and information on the number and nature of the violations reported and the penalties imposed.

Article 3(1). Age of admission to hazardous work. In its previous comments, the Committee noted that section 148(a) of the Labour Code prohibits work by minors in unhealthy and dangerous workplaces. However, it observed that the Labour Code does not define the term minor and that it is therefore impossible to determine the minimum age from which a minor may be admitted to perform hazardous work. In this respect, the Government indicated that the Tripartite Subcommission on Judicial Reforms will examine the Office’s proposals during the course of the work of reforming the Labour Code. The Committee also noted that section 32 of Government Agreement No. 112-2006 of 7 March 2005 issuing Regulations on 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.

The Committee notes the Government’s indication that the draft reform of the Labour Code has not yet been adopted. However, it notes with interest that section 4 of the draft reform of the Labour Code (Initiative No. 4205), available on the Internet site of the Congress of the Republic of Guatemala, envisages the revision of section 148(a) so as to prohibit the engagement of young persons under 18 years of age in various types of hazardous work. The Committee expresses the firm hope that the draft reform of the Labour Code will be adopted in the very near future so that the national legislation is in conformity with the Convention on this point. It requests the Government to continue providing information on the progress achieved in this regard.

Article 6. Apprenticeship. Age of admission to apprenticeship. The Committee noted previously that section 171 of the Labour Code does not establish a minimum age for admission to apprenticeship. It also noted that, by virtue of section 150 of the Labour Code, the General Labour Inspectorate can issue written authorization allowing daily work by minors under 14 years of age. This authorization must state that the minor will be working as an apprentice. The Committee also pointed out that a reading of section 24 of the Regulations on the protection of children and young persons at work and section 2 of Decree No. 27 2003 issuing the Act on the comprehensive protection of children and young persons suggests that the age of admission to apprenticeship is 13 years. For its part, the Government indicated that the Special Labour Inspectors Unit provides the basis for the application of Article 6 of the Convention by providing that no minor under 14 years of age may be a party to an apprenticeship contract. The Committee noted the Government’s indication that the Tripartite Committee on International Labour Affairs had started a review of the national labour legislation and that the issue of the minimum age for admission to apprenticeship would be brought to its attention.

The Committee notes the Government’s indication that no progress relating to the reform of the national labour legislation on the issue of the age of admission to apprenticeship has been reported. The Committee therefore urges the Government to take the necessary measures to harmonize the provisions of the national legislation with Article 6 of the Convention so as to establish a minimum age for admission to apprenticeship of 14 years. It requests the Government to continue providing information on the progress achieved in this respect in its next report.

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Article 1 of the Convention. National policy. Prevention and elimination of child labour. In its previous comments, the Committee noted that, according to the Government, the National Plan for the Prevention and Elimination of Child Labour and the Protection of Young Workers (2001–04) was, in collaboration with ILO/IPEC, being evaluated with a view to formulating a new National Plan. It notes the Government’s indication that the General Department of Social Welfare is currently drafting the new National Plan against Child Labour. The Committee expresses the hope that the drafting of the new National Plan against Child Labour will be completed as soon as possible and requests the Government to provide information on any new developments in this respect.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes that, according to 2006 UNICEF statistics, the primary school net attendance rates were 76 per cent for girls and 80 per cent for boys and, at secondary school, the attendance rates were 24 per cent for girls and 23 per cent for boys. Furthermore, the Committee notes that, according to the Education for All Global Monitoring Report entitled Education For All in 2015: Will we make it?, published by UNESCO in 2008, Guatemala has a strong chance of achieving the objective of universal primary education for all by 2015. The report points out that although the country has made progress with regards to gender parity in primary and secondary education, there is still a wide gender enrolment gap. However, the report states that it is likely that the objective of gender parity will be achieved in both primary and secondary education by 2025. Finally, the Committee observes that, according to an ILO/IPEC report of June 2008 on the project entitled “Elimination of child labour in Latin America. Third stage”, the Government has adopted an Education Plan (2008–12), with the strategic objective of increasing and facilitating access to quality education for all, particularly boys, girls and young persons from very poor families and vulnerable groups.

The Committee takes due note of the fact that the primary school net attendance rate is relatively good and the country has a very good chance of achieving universal primary education for all by 2015. The Committee nevertheless expresses its concern that the secondary school net attendance rate is rather low and that the gender disparity in primary and secondary education remains high. It points out that poverty is one of the main causes of child labour which, combined with a weak education system, impedes a child’s development. Considering that compulsory education is one of the most effective ways of combating child labour, the Committee strongly requests the Government to continue its efforts to improve the functioning of the education system in the country and to take measures enabling the enrolment of children in compulsory basic education or an informal school system. In this respect, it requests the Government to provide information on the measures taken, in the context of the implementation of the Education Plan (2008–12), to increase both the primary and secondary school attendance rates, in order to prevent children under 14 years from working. The Committee requests the Government to provide information on the results obtained. Finally, to improve gender parity in both primary and secondary education and to attain the objective by 2025, the Committee requests the Government to take the necessary steps, especially in this respect.

Article 3, paragraph 1. Age of admission to hazardous work. In its previous comments, the Committee noted that section 148(a) of the Labour Code prohibits work by minors in unhealthy and dangerous workplaces. It nevertheless noted that the Labour Code does not contain a definition of the term minor and that it is therefore impossible to determine the minimum age from which a minor may be admitted to perform hazardous work. On this matter, the Government pointed out that the Tripartite Subcommission on Judicial Reforms would examine the Office’s proposals during the reform of the Labour Code. The Committee noted, moreover, that section 32 of Government Agreement No. 112-2006 of 7 March 2005 issuing Regulations on the protection of children and young persons at work (hereinafter Regulations on 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. The Committee notes that, according to the Government, the reform of the Labour Code is still under way. The Committee strongly hopes that the reform of the Labour Code will be adopted in the near future so as to bring section 148(a) of the Labour Code in line with the provisions of the national legislation, including section 32 of the Regulations on the protection of children and young persons at work, to ensure that it is in conformity with Article 3, paragraph 1, of the Convention. It requests the Government to provide information on any progress achieved in this respect.

Article 6. Apprenticeship. Age of admission to apprenticeship. The Committee noted previously that section 171 of the Labour Code does not establish a minimum age for admission to apprenticeship. It also noted that, by virtue of section 150 of the Labour Code, the General Labour Inspectorate can issue written authorization for normal daily work by minors under 14 years of age. This authorization must state that the minor will be working as an apprentice. Furthermore, it noted that sections 24 to 26 of the Regulations on the protection of children and young persons at work established the conditions for apprenticeship. The Committee nevertheless pointed out that reading section 24 of the Regulations in conjunction with section 2 of Decree No. 27-2003 issuing the Act on the integral protection of children and young persons (hereinafter the Act on the integral protection of children and young persons) infers that the age of admission to apprenticeship is 13 years. For its part, the Government has indicated that the General Labour Inspectorate secures the application of Article 6 of the Convention by stipulating that no minor under 14 years of age shall be party to an apprenticeship contract. The Committee takes note that, according to the Government, the Tripartite Committee on International Labour Affairs has started reviewing the national labour legislation and that the matter of the minimum age for admission to apprenticeship will be brought to its attention. The Committee firmly hopes that, in the context of the revision of the labour legislation, the Government will take the necessary measures to bring the national legislation concerning apprenticeship in line with Article 6 of the Convention and provide for a minimum age for admission to apprenticeship at 14 years of age. It requests the Government to provide information on any progress achieved in this respect.

Article 7. Light work. The Committee noted that under section 150 of the Labour Code, the General Labour Inspectorate can give written authorization for normal daily work for minors under 14 years of age. The authorization must state: (a) that the minor is required to contribute to the family finances owing to the extreme poverty of his or her parents or guardians; (b) that the work involved is light work, the duration and intensity of which are compatible with the physical, mental and moral well-being of the minor; and (c) that in any event school attendance requirements are met. The Government pointed out that the types of light work are not determined by national legislation, but that the General Labour Inspectorate scrutinizes every application for authorization for work by a minor under 14 years of age. The Committee takes note of the information provided by the Government that 36 written authorizations were granted by the General Labour Inspectorate to children under 14 years of age in 2007. For 2008, only eight written authorizations had been granted before 14 January, because the Government’s present policy is not to give authorization to work to any child under 14 years of age.

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Article 2, paragraphs 1 and 4, of the Convention and Part V of the report form. Minimum age for admission to employment or work and application in practice. The Committee had previously noted that, according to the study entitled “Understanding child labour in Guatemala”, carried out in 2000 by the National Statistical Institute, around 507,000 boys and girls aged between 7 and 14 years were engaged in work in Guatemala. The agricultural sector was the branch of economic activity with the most child workers (62 per cent), followed by commerce (16.1 per cent), manufacturing (10.7 per cent), services (6.1 per cent), and construction (3.1 per cent). The Committee noted that the Labour Code and the Act on the Integral Protection of Children and Young Persons of 2003 banned work by children under 14 years of age in any activity, including the informal economy. The Committee also noted the adoption of Government Agreement No. 112-2006 of 7 March 2006 issuing Regulations on the Protection of Children and Young Persons at Work (Regulations on the Protection of Children and Young Persons at Work) which bans work for children under 14 years of age and contains provisions on the protection of children and young people involved in an economic activity. It requested the Government to provide detailed information on the way in which the Convention is applied in practice, by providing in particular statistics on the nature, extent and trends of the employment of children under the specified minimum age.

In its report, the Government points out that the Special Labour Inspectors Unit under the Ministry of Labour and Social Welfare formulated a project, in 2006, with a view to monitoring the application of the provisions contained in the Labour Code and the Act on the Integral Protection of Children and Young Persons of 2003. The Committee also notes that, according to the Government, a public policy for the full protection of children and young persons as well as an Action Plan on Children and Young Persons (2004–15) have been adopted. While noting this information, the Committee observes that the Government’s report does not contain any statistics on the nature, extent and trends of child labour in the country. In this respect, it notes that, according to an ILO–IPEC report of June 2008 entitled “Elimination of child labour in Latin America. Third stage”, a study on the living conditions in Guatemala was carried out in 2006.

Given the statistics mentioned above, the Committee states once again that it is very concerned about the number of children under 14 years of age obliged to work and urges the Government to step up its efforts to improve this situation. In this respect, it requests the Government to provide information on the measures taken, especially in the context of the implementation of the public policy for the full protection of children and young persons and the Action Plan on Children and Young Persons (2004–15), with a view to eliminating child labour. The Committee requests the Government to provide information on the results obtained. Finally, it requests the Government to provide a copy of the study on the living conditions in Guatemala, which was carried out in 2006.

Article 3, paragraph 2. Determination of hazardous types of work. Production and handling of explosive substances and objects. In its previous comments, the Committee noted the indication by the International Confederation of Free Trade Unions, now called the International Trade Union Confederation (ITUC), that child workers were engaged in extremely dangerous activities, such as the production of fireworks and in stone quarries. The ITUC pointed out that work in the fireworks industry was particularly dangerous and that children were often seriously injured. The Committee noted that the list of types of hazardous work determined by the Government included the fireworks industry and construction, including activities which entailed working with stone. The Committee took note of the measures taken by the Government to combat child labour in the fireworks industry, especially the adoption of Government Agreement No. 28-2004 of 12 January 2004 issuing regulations on firework production. The Committee noted that section 7(a) of the 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 (Regulation on the application of Convention No. 182) prohibited work by persons under 18 years of age in the manufacture, layout and handling of explosive substances or objects and the production of explosives or fireworks. It also noted that section 4(b) and (c) of the Regulation applied to employers and parents who used young persons under 18 years of age in any of the prohibited activities; furthermore, section 5 stipulated that such persons should be held responsible and liable to penalties. The Committee requested the Government to provide information on the implementation of the Regulation on the application of Convention No. 182 in practice.

In its report, the Government points out that the Department on Training in Labour Matters, under the Ministry of Labour and Social Welfare, has conducted information and awareness-raising workshops on the hazards of the fireworks industry, especially for children, in more than 69 small enterprises and for the families of workers employed in these enterprises. It also mentions that labour inspectors have carried out 28 visits to factories manufacturing fireworks. Furthermore, the Ministry of Education had introduced a programme of grants entitled “Grants for peace”, to ensure that no person under 18 years of age should be employed in the fireworks sector and in public refuse dumps. According to the Government, 4,320 grants were awarded to students from 21 schools. The Committee takes due note of the efforts made by the Government to end the employment of children under 18 years of age in this dangerous activity. It notes, however, that the Government’s report does not contain any information on the results obtained when it visited the 28 factories manufacturing fireworks. It therefore requests the Government to provide information on the implementation of the Regulation on the application of Convention No. 182 in practice, by giving details on the inspections carried out by the labour inspectors in the factories manufacturing fireworks, submitting extracts from the reports of the inspection services, and specifying the number and nature of violations recorded and the penalties applied.

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

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Article 3, paragraph 1, of the Convention. Age of admission to hazardous work. In its previous comments, the Committee noted that section 148(a) of the Labour Code prohibits work by minors in unhealthy and dangerous workplaces. It noted that the Labour Code does not contain a definition of the term minor and that it is therefore impossible to determine the minimum age from which a minor may be admitted to perform hazardous work. The Committee noted that a draft reform of the Labour Code had been submitted to the legislative authority for adoption and that it prohibited the engagement of minors under 18 years of age in hazardous work. The Committee notes the information provided by the Government that the Tripartite Commission on International Labour Affairs has decided to reactivate the Tripartite Subcommission on Judicial Reforms, which will examine the Office’s proposals during the reform of the Labour Code. The Committee notes with interest that section 32 of Government Agreement No. 112-2006 of 7 March 2006 issuing Regulations on the protection of children and young persons at work [hereinafter, the Regulations on 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. The Committee once again hopes that the draft reform of the Labour Code will be adopted in the near future so as to bring section 148(a) of the Labour Code into conformity with the provisions of the national legislation, including section 32 of the Regulations on the protection of children and young persons at work, and Article 3, paragraph 1, of the Convention. It requests the Government to provide information on any progress achieved in this respect.

Article 6. Apprenticeship. Age of admission to apprenticeship. In its previous comments, the Committee noted that section 171 of the Labour Code does not establish a minimum age for admission to apprenticeship. It also noted that, by virtue of section 150 of the Labour Code, the General Labour Inspectorate can issue written authorization for normal daily work by minors under 14 years of age. This authorization must state that the minor will be working as an apprentice. In this respect, the Government indicated that the Special Labour Inspection Unit secures the application of Article 6 of the Convention by ensuring that no minor under 14 years of age is party to an apprenticeship contract. The Committee requested the Government to provide information on the Special Labour Inspection Unit, and particularly on the manner in which the Unit ensures in practice that no minor under 14 years of age is party to an apprenticeship contract and on the number of written authorizations granted to minors, with an indication of their age and working conditions.

The Committee notes the information provided by the Government that, during the course of 2005, a total of 49 authorizations were issued for minors aged 14 years and that, up to 13 July 2006, eight authorizations had been issued. It also notes the Government’s indication that the Technical Institute for Training and Productivity (INTECAP), in accordance with section 6(3) of the Organic Act on the Technical Institute for Training and Productivity, shall organize activities for the apprenticeship of minors under 18 years of age but over 14 years. The Committee notes that sections 24 to 26 of the Regulations on the protection of children and young persons at work establish the conditions for apprenticeship. Under the terms of section 25 of the Regulations on the protection of children and young persons at work, apprenticeship is authorized for young persons, provided that it facilitates practical training in a craft, occupation or trade and does not constitute an obstacle to the education and recreation of the young person. By virtue of section 2 of Decree No. 27-2003 issuing the Act on the integral protection of children and young persons [hereinafter, the Act on the integral protection of children and young persons], the term young person is defined as any person from the age of 13 until reaching the age of 18 years. The Committee observes that a government reading of section 24 of the Regulations on the protection of children and young persons at work and section 2 of the Act on the integral protection of children and young persons leads to the inference that the age of admission to apprenticeship is 13 years, whereas section 150 of the Labour Code sets the age at 14 years. It therefore observes that the national legislation respecting apprenticeship, namely the Labour Code, the Regulations on the protection of children and young persons at work and the Act on the integral protection of children and young persons are not in harmony. The Committee therefore requests the Government to take the necessary measures to harmonize the various provisions of the national legislation concerning apprenticeship by providing that the age of admission to apprenticeship is 14 years, in accordance with Article 6 of the Convention.

Article 7. Light work. The Committee noted previously that, under section 150 of the Labour Code, the General Labour Inspectorate can give written authorization for normal daily work by minors under 14 years of age. This authorization must state: (a) that the minor will be working as an apprentice, or is required to contribute to the family finances owing to the extreme poverty of his or her parents or guardians; (b) that the work involved is light work, the duration and intensity of which are compatible with the physical, mental and moral well-being of the minor; and (c) that in any event school attendance requirements are met. The Government indicated that the types of light work had not been determined, but that the General Labour Inspectorate scrutinizes every application for authorization for work by a minor under 14 years of age. The purpose of this scrutiny is to establish that the work to be performed by the minor under 14 years of age will not endanger his or her health or safety. The authorization is only granted in very special cases and subject to proof that the minor is attending school and that the work is necessary for the family finances. The Government added that, following tripartite consultations, the age for admission to light work in Guatemala is 12 years, in accordance with Article 7, paragraph 4, of the Convention. The Committee requested the Government to provide information on the number of written authorizations issued by the General Labour Inspectorate. It also requested the Government to indicate the types of light work for which authorizations have been granted.

In its report, the Government indicates that, at the regional meeting of Region VIII of the General Labour Inspectorate, no authorizations for work by minors aged 12 years were submitted. While noting the information provided by the Government, the Committee observes that the country is divided into seven regions. In view of the high number of children under the age of 14 years who work in the country, the Committee once again requests the Government to provide information on the number of written authorizations issued by the General Labour Inspectorate. Furthermore, noting the absence of such information in the Government’s report, it requests it to indicate the types of light work for which authorizations have been granted.

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The Committee notes with interest the adoption of Government Agreement No. 112-2006 of 7 March 2006 issuing Regulations on the protection of children and young persons at work [hereinafter, Regulations on the protection of children and young persons at work].

Article 1 of the Convention. National policy. 1. Prevention and elimination of child labour. In its previous comments, the Committee noted the National Plan for the Prevention and Elimination of Child Labour and the Protection of Young Workers (2001-04). The Committee notes the information provided by the Government that in June 2006 consultations were held on the evaluation of the National Plan (2001-04), in collaboration with ILO/IPEC, with a view to obtaining information as a basis for the formulation of a new National Plan for 2007-12. The Committee requests the Government to provide information on the implementation of the new National Plan for the Prevention and Elimination of Child Labour and the Protection of Young Workers (2007-12), particularly in terms of the elimination of child labour.

2. Domestic work. The Committee notes the information provided by the Government in its report that the Monitoring Committee for the Prevention and Elimination of Child Domestic Work in Private Houses has prepared a plan of action. It requests the Government to provide information on the implementation of this plan of action and to provide a copy.

Article 2, paragraphs 1 and 4, and Part V of the report form. Minimum age for admission to employment or work and application in practice. In its previous comments, the Committee noted the indications by the ICFTU that child labour is very widespread in Guatemala. The ICFTU referred to government statistics indicating that around 821,875 children between the ages of 7 and 14 years are economically active, most of them in agriculture and informal urban activities. The Committee noted the Government’s indication that the study entitled “Understanding child labour in Guatemala”, carried out in 2000 by the National Statistical Institute (INE), shows that around 507,000 boys and girls between the ages of 7 and 14 years are engaged in work in Guatemala, representing 20 per cent of this population group. The agricultural sector is the activity with most child workers aged between 7 and 14 years (62 per cent), followed by commerce (16.1 per cent), manufacturing (10.7 per cent), services (6.1 per cent), construction (3.1 per cent) and others (1.2 per cent). The Committee noted that the Labour Code and the Act on the integral protection of children and young persons of 2003 prohibit work by children under 14 years of age in any activity, including the informal economy. However, it noted that it appeared difficult to apply the legislation on child labour in practice and that child labour is very widespread in Guatemala. The Committee expressed deep concern at the situation of children under 14 years of age compelled to work in Guatemala and requested the Government to provide information on the manner in which the Convention is applied in practice.

The Committee takes due note of the information provided by the Government. In particular, it notes the reports of the labour inspection service and the Special Labour Inspection Unit, which include detailed statistics and information on the inspections carried out in workplaces and work centres. The Committee also notes the Government’s indication that it has taken measures to remove children from activities that endanger their health and expose them to various risks. The Committee further notes that the Regulations on the protection of children and young persons at work prohibit work by children under 14 years of age and include provisions on the protection of children and young persons engaged in an economic activity. The Committee once again encourages the Government to step up its efforts to progressively improve the situation of children under the age of 14 years who are compelled to work in Guatemala. It requests it to continue providing detailed information on the manner in which the Convention is applied in practice including, for instance, statistical information on the nature, extent and trends of work by children under the minimum age specified by the Government when ratifying the Convention, extracts from the reports of the inspection services, information on the number and nature of the infringements reported and on the penalties applied.

Article 3, paragraph 2. Determination of hazardous types of work. Production and handling of explosive substances and objects. The Committee, in its previous comments, noted the indication by the ICFTU that child workers are engaged in extremely dangerous activities, such as the production of fireworks and in stone quarries. The ICFTU emphasized that work in the fireworks industry is particularly dangerous and that children are often seriously injured. In addition, according to the ICFTU, although most of these activities take place in family-run workshops, about 10 per cent of the children work in factories, where they perform the most dangerous tasks, such as measuring out explosives. The Committee noted that the list of 29 types of hazardous work determined by the Government includes the fireworks industry and construction, including activities which entail working with stone. It also noted that, according to a document of 2004 entitled “Census of children removed from the fireworks industry”, 4,521 children under 13 years of age had been withdrawn from their work. Of this total, 72 had benefited from an alternative activity, 923 from a credit granted to their families and 3,526 received a “peace grant”. The Committee however noted that only children under 13 years of age had been removed from their work in the fireworks industry. It requested the Government to take measures to ensure that no person under 18 years of age is employed in the fireworks industry and to provide information on the number of children removed from the industry.

The Committee notes with interest the detailed information provided by the Government on the measures that it has taken 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; the training activities undertaken for employers, technicians and other collaborators on the applicable standards, occupational safety and the protection of young workers; and the number of children and families who have benefited from the programme of action. However, it notes that, according to the information provided by the Government, only children in households benefiting from the programme of action have been removed from this dangerous type of work, namely 1,840 children, which represents less than 10 per cent of all the young persons engaged in this industry.

The Committee notes the information provided by the Government that the municipal authorities of San Juan and San Raymundo are the largest producers of explosives and fireworks in the country and that they account for 90 per cent of the national production. It also notes the Government’s indication that the use of child workers in these two municipal areas is frequent, particularly in view of the method of production used, namely work in private houses, which means that the parents are the greatest exploiters. The Committee notes with interest that section 7(a) of the Regulation on the application of Convention No. 182 prohibits work by persons under 18 years of age in the manufacture, dosage and handling of explosive substances or objects and the production of explosives or fireworks. It also notes that, by virtue of section 4(b) and (c), the Regulation applies to employers and parents who use young persons under 18 years of age in any of the prohibited activities and that, by virtue of section 5 of the Regulation, such persons shall be held responsible and liable to penalties. The Committee notes the efforts made by the Government to bring an end to the use of young persons under 18 years of age in this dangerous activity and encourages it to pursue its efforts. It requests the Government to provide information on the effect given in practice to the Regulation on the application of Convention No. 182. The Committee also requests the Government to continue taking the necessary measures to remove children from this sector of economic activity and to provide information on the number of children who are removed from this hazardous type of work.

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

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Article 2, paragraph 1, of the Convention. Scope of application. In its previous comments, the Committee noted that, under section 3 of the Labour Code, the term "worker" covers any person offering his physical and/or intellectual labour to an employer under the terms of an employment contract or other employment relationship. Under section 31 of the Labour Code, minors of 14 years of age and above of either sex are able to consent to work and to receive and dispose freely of a wage agreed in advance. The Committee noted that, under these provisions, the Labour Code is not applicable to labour that does not arise from a contract, such as self-employment. It notes the Government’s information to the effect that the Labour Code does not contain provisions which guarantee to children working on their own account the protection provided for in the Convention, in as much as this type of work is mainly found in the sector of the informal economy.

The Committee notes, however, that, under section 65 of the Act concerning the full protection of children and adolescents of 2003, the expression "working adolescent in the informal sector" designates a minor over 14 years of age who performs an economic activity on his own account or for an employer engaging in commercial activities which are not subject to the tax or commercial legislation of the country. In addition, under section 66 of the 2003 Act, the work of adolescents under 14 years of age is prohibited in any activity. The Committee notes, therefore, that the Act concerning the full protection of children and adolescents of 2003 establishes a minimum age for children who work on their own account.

Article 3, paragraph 1. Age for admission to hazardous work. In its previous comments, the Committee noted that section 148(a) of the Labour Code prohibits the employment of "minors" in unhealthy and dangerous workplaces. It noted that the Labour Code does not contain any definition of the term "minor" and that it is therefore impossible to determine the minimum age at which a minor can be employed to perform hazardous work. In reply, the Government indicates that there is no minimum age for admission to hazardous work but that, under Article 3, paragraph 1, of the Convention, this age must not be less than 18 years. The Committee notes that a draft reform of the Labour Code has been submitted to the legislative authority for adoption. In this regard, it notes with interest that the draft reform of the Labour Code prohibits minors under 18 years of age from being employed in hazardous work. The Committee expresses the hope that the draft reform of the Labour Code will be adopted soon and requests the Government to provide information on all progress made in this regard.

Article 6. Apprenticeship. 1. Minimum age for apprenticeships. In its previous comments, the Committee noted that, under section 171 of the Labour Code, the length of an apprenticeship shall be fixed by contract, taking account of the age of the apprentice, the class, the teaching methods and the nature of the work. The General Labour Inspectorate must ensure that the length of the contract is respected. The Committee noted that section 171 of the Labour Code does not specify any minimum age for an apprenticeship and also notes that, under the terms of section 150 of the Labour Code, the General Labour Inspectorate can issue written authorization for normal day work by minors below 14 years of age. This authorization must state that the minor will be working as an apprentice. In this regard, the Government indicates that one of the measures adopted to ensure the application of the provisions of Article 6 of the Convention, stating that no minor under 14 years of age will be admitted to an apprenticeship, is the establishment of the Special Labour Inspection Unit by Ministerial Order 435B of 15 October 2003. This special unit is responsible for monitoring the application of labour and social welfare legislation in locations and workplaces where boys, girls and adolescents are known to be working. The Committee requests the Government to provide additional information on the Special Labour Inspection Unit, particularly on the manner in which this unit ensures in practice that no minor under 14 years of age will be admitted to an apprenticeship. It also requests the Government to provide information on the number of written authorizations granted to minors, stating their age and their conditions of work.

2. Regulations. The Committee noted that, under section 174 of the Labour Code, the executive authority, through the Ministry of Labour, Social Security and Public Education, can adopt regulations governing apprenticeships. In this regard, the Government indicates that no regulation has yet been adopted. The labour inspectorate is responsible for verifying whether apprenticeship contracts are in conformity with the provisions of the national legislation governing this type of contract. The Government also indicates that it hopes to adopt in the future a specific regulation on apprenticeships. The Committee requests the Government to send a copy of the regulation when it is adopted.

Article 7. 1. Age for admission to light work. In its previous comments, the Committee noted that, under section 150 of the Labour Code, the General Labour Inspectorate can give written authorization for normal day work for minors under 14 years of age. This authorization must state: (a) that the minor will be working as an apprentice, or is required to contribute to the family finances owing to the extreme poverty of his parents or guardians; (b) that the work involved is light work, the duration and intensity of which are compatible with the physical, mental and moral well-being of the minor; and (c) that school attendance requirements are met. The Committee requested the Government to indicate the measures taken or envisaged to guarantee that no person under 12 years of age is allowed to carry out light work. In response, the Government indicates that, further to tripartite consultations, the age for admission to light work in Guatemala is 12 years, in accordance with Article 7, paragraph 4, of the Convention. The Committee requests the Government to provide information on the number of written authorizations granted by the General Labour Inspectorate.

2. Types of light employment or work. In its previous comments, the Committee requested the Government to indicate the activities in which light work could be authorized, under section 150 of the Labour Code, and to indicate the conditions of employment. In response, the Government indicates that the types of light work are not determined. However, the General Labour Inspectorate scrutinizes every application for a work permit for a minor under 14 years of age. The purpose of this scrutiny is to establish that the work to be performed by the minor will not endanger his health or safety. The Government also indicates that this authorization is granted to a minor under 14 years of age only in very special cases and subject to proof that the minor is attending school and that the work is necessary for the family finances. The Committee requests the Government to indicate the types of light work in respect of which any authorizations have been granted.

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The Committee notes with interest that the Government adopted the Act concerning the full protection of children and adolescents in 2003. It requests it to provide information on the following points.

Article 1 of the Convention. National policy. The Committee notes the National Plan relating to the prevention and elimination of child labour and the protection of working adolescents (2001-04), which was drawn up further to consultations which were held between 1999 and 2001 between the Government and civil society. The National Plan is principally concerned with ten departments of the country, namely Quiché, Huehuetenango, Alta Verapaz, Totonicapán, Sololà, San Marcos, Izabal, Zacapa, Petén and Jalapa. The principal goal of the National Plan is the prevention and elimination of child labour. Its specific objectives are education, health, promotion of adult employment, protection, research, social mobilization, assistance and evaluation. The Committee also notes that, according to the document entitled "Public policy and national action plan for children (2004-15)", the Government plans to reduce work done by boys and girls under 13 years of age by 15 per cent by 2007, by 30 per cent by 2011 and by 50 per cent by 2015. The Committee requests the Government to provide information on the implementation of the National Plan relating to the prevention and elimination of child labour and the protection of working adolescents (2001-04) and of the "Public policy and national action plan for children (2004-15)" and on the results obtained with regard to the elimination of child labour.

Article 2, paragraphs 1 and 4, and Part V of the report form. Minimum age for admission to employment or work and application in practice. In its previous comments, the Committee had noted the statement by the ICFTU that child labour is very widespread in Guatemala. The ICFTU had referred to government statistics which indicate that about 821,875 children between 7 and 14 years of age are economically active, most of them in agriculture or in informal urban activities such as shining shoes or street entertainment. The Committee notes the information communicated by the Government to the effect that the study entitled "Understanding child labour in Guatemala" carried out in 2000 by the National Institute of Statistics (INE), in connection with the National Survey on Living Conditions (ENCOVI), establishes that approximately 507,000 boys and girls between 7 and 14 years of age are working in Guatemala, which represents 20 per cent of this population group. Of the 507,000 children who are working, 66 per cent are boys and 34 per cent are girls. Eight per cent of children are only working, while 12 per cent are both working and attending school. In addition, the total number of hours worked by children who are solely working is 58 per week, while the total number of hours worked by children who are both working and attending school is 40. The sector of economic activity in which the most children between 7 and 14 years of age work (62 per cent) is agriculture, followed by commerce (16.1 per cent), manufacturing (10.7 per cent), services (6.1 per cent), construction (3.1 per cent) and others (1.2 per cent).

The Committee notes that, under section 148(e) of the Labour Code, the work of minors under 14 years of age is prohibited. It also notes that, under section 66 of the Act concerning the full protection of children and adolescents of 2003, the work of adolescents under 14 years of age is prohibited in any activity, including the informal sector. The Committee notes, however, that, according to the statistics mentioned above, it appears difficult to apply the legislation on child labour in practice and child labour is very widespread in Guatemala. The Committee expresses its deep concern at the situation of children under 14 years of age compelled to work in Guatemala. It therefore strongly encourages the Government to renew its efforts to improve this situation gradually. Hence, referring to its general observation made at its 2003 session, the Committee invites the Government to continue to provide detailed information on the manner in which the Convention is applied in practice, including, for example, the fullest possible statistical data on the nature, extent and trends of child and adolescent labour below the minimum age specified by the Government at the time of ratification, extracts from the reports of inspection services, information on the number and nature of infringements reported and on penalties applied, particularly in the agricultural, commercial, manufacturing, services and construction sectors.

Article 3, paragraphs 1 and 2. Hazardous work and determination of types of hazardous employment or work. In its previous comments, the Committee had noted the statement by the ICFTU that child workers are often exploited and work in the worst conditions. Health and safety legislation is non-existent and many children work in highly dangerous activities, such as manufacturing fireworks or in quarries. The ICFTU had emphasized that work in the fireworks industry is particularly dangerous and children are often seriously injured. In addition, according to the ICFTU, although most of these activities take place in family-run workshops, about 10 per cent of the children work in factories, where they perform the most dangerous tasks, such as measuring out explosives.

The Committee notes with interest the information provided by the Government to the effect that, further to multi-sectoral consultations, the Government has drawn up a detailed list of 29 types of hazardous work. It notes in particular that this list includes the fireworks industry and the construction industry, including activities which entail working with stone. As regards the fireworks industry, the Committee notes the 2004 document entitled "Census of children withdrawn from the fireworks industry". According to this document, 4,521 children under 13 years of age have been withdrawn from their work. Of this total, 72 benefited from an alternative activity, 923 from a credit granted to the families and 3,526 received a "peace allowance".

The Committee notes that section 148(a) of the Labour Code prohibits the work of minors in unhealthy and dangerous places. It also notes that section 51 of the Act concerning the full protection of children and adolescents of 2003 states that boys, girls and adolescents (persons between 0 and 18 years of age - section 2) have the right to be protected against economic exploitation and the performance of any work which is likely to be harmful to their physical and mental health or interfere with their school attendance. The Committee notes the Government’s efforts to prohibit the work of boys, girls and adolescents in the fireworks industry. The Committee observes, however, that, according to the information contained in the 2004 document entitled "Census of children withdrawn from the fireworks industry", only children under 13 years of age have been withdrawn from their employment in the fireworks industry. It reminds the Government that, under Article 3, paragraph 1, of the Convention, no person under 18 years of age may perform any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize his health, safety or morals. The Committee encourages the Government to continue its efforts in this field and requests it to adopt the necessary measures to guarantee that no person under 18 years of age will be employed in the fireworks industry. It also requests the Government to continue to provide information on the number of children withdrawn from this sector of economic activity.

In addition, a request regarding certain other points is being addressed directly to the Government.

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The Committee notes the information supplied by the Government in its report and the attached documentation.

Article 2, paragraph 1, of the Convention. The Committee notes that according to section 3 of the Labour Code, the term worker covers any person offering his physical and/or intellectual labour to an employer under the terms of an employment contract or other employment relationship. According to section 31 of the Labour Code, minors of 14 years of age and above of either sex are able to consent to work and to receive and dispose freely of a wage agreed in advance. The Committee notes that, under these provisions, the Labour Code is not applicable to labour that does not arise from a contract, such as self-employment. The Committee notes that the Convention applies to all sectors of economic activity and covers all forms of employment or work, whether or not there is a contractual labour relationship and whether or not the work is paid or unpaid.

In its previous comments, the Committee noted the Government’s information to the effect that the Labour Code concerns only dependent employment. The Committee also noted that the Minister of Labour and Social Security, through the National Commission for Minors at Work, is collaborating with the NGOs concerned by child labour with a view, among other things, to establishing a minimum age for the informal sector. The Committee would be grateful if the Government would provide information on the manner in which the protection provided by the Convention is guaranteed to children working in an independent capacity.

Article 3

1. Age for admission to dangerous work. Further to its previous comments, the Committee notes that section 148(a) of the Labour Code prohibits the employment of minors in unhealthy and dangerous workplaces, and that section 148(d) prohibits the employment of minors in restaurants or similar establishments where alcoholic drinks are sold for immediate consumption. The Committee notes, however, that the Labour Code contains no definition of the term minor, and that it is therefore impossible to determine the minimum age at which a minor can be employed to do dangerous work. The Committee reminds the Government that according to Article 3, paragraph 1, of the Convention, the minimum age for admission to any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons may not be less than 18 years. The Committee requests the Government to indicate the minimum age for admission to employment in dangerous work.

2. Types of dangerous employment or work. In its previous comments, the Committee noted that under the terms of section 148(a) of the Labour Code, work considered to be unhealthy and dangerous must be defined by regulations or the labour inspectorate, and the Government had communicated a copy of the Safety and Health Regulations. The Committee noted that the Regulations specify the measures that need to be taken to safeguard safety and health at work in general, but do not specify the types of work that are prohibited to adolescents aged below 18 years. The Committee once again requests the Government to indicate whether the types of dangerous employment or work prohibited to adolescents aged below 18 years have been determined, in accordance with Article 3, paragraph 2, of the Convention.

Article 6. The Committee notes that according to Article 6, the Convention does not apply to work done by persons at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, and is an integral part of: (a) a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training.

The Committee notes that according to section 171 of the Labour Code, the duration of an apprenticeship is fixed by contract in the light of factors such as the age of the apprentice, the grade, methods of instruction and nature of the work. The general labour inspectorate must ensure that the duration of the contract is respected. The Committee notes that section 171 of the Labour Code does not specify any minimum age for apprenticeship, and also notes that, under the terms of section 150 of the Labour Code, the general labour inspectorate can issue written authorization for normal day work by minors aged below 14 years or reduce the standard daily working hours for minors. This authorization must state that the minor will be working as an apprentice. The Committee requests the Government to supply information on the measures taken or envisaged to apply Article 6 of the Convention by ensuring that no minor aged below 14 years will be admitted to an apprenticeship, and to indicate whether consultations with the employers’ and workers’ organizations have taken place. The Committee also requests the Government to supply any relevant information on the application in practice of the provisions concerning apprenticeship.

The Committee notes that according to section 174 of the Labour Code, the executive authority, through the Ministry of Labour, Social Security and Public Education, can adopt regulations governing apprenticeships. The Committee requests the Government to indicate whether such regulations have been adopted and, where appropriate, to supply a copy

Article 7

1. Age for admission to light work. In its previous comments, the Committee had noted that under the terms of section 150 of the Labour Code, the general labour inspectorate can give written authorization for normal day work for minors aged below 14 years. This authorization must state (a) that the minor will be working as an apprentice, or is required to contribute to the family finances owing to the extreme poverty of his parents or guardians, (b) that the work involved is light work, the duration and intensity of which are compatible with the physical, mental and moral well-being of the minor, and (c) that school attendance requirements are met. The Committee had requested the Government to indicate the measures taken or envisaged to specify that only minors aged between 12 and 14 years should be allowed to carry out such light work. In this regard, the Committee reminds the Government that, in view of the fact that when the Convention was ratified, a minimum age of 14 years was specified, national legislation can, subject to certain conditions, authorize the employment of persons aged between 12 and 14 years to do light work. The Committee again requests the Government to indicate the measures taken or envisaged to ensure that no person of below 12 years of age is authorized to do light work, in accordance with Article 7, paragraph 4, of the Convention.

2. Types of light employment or work. In its previous comments, the Committee had asked the Government to indicate the activities in which light work could be authorized under section 150 of the Labour Code and to indicate the conditions of employment. The Committee reminds the Government that under the terms of Article 7, paragraph 3, of the Convention, the competent authority must determine the activities in which light work may be authorized, and once again requests the Government to indicate whether the activities in which light work can be permitted have been determined.

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The Committee takes note of a communication from the International Confederation of Free Trade Unions (ICFTU) dated 10 January 2002, containing certain comments on the application of the Convention. A copy of this communication was transmitted to the Government on 28 January 2002 for any comments which it might wish to make regarding matters raised in it. To date the Office has not received the Government’s comments. While waiting for the Government’s reply, the Committee refers to the ICFTU communication in the comments below.

In its communication, the ICFTU states that child labour is very widespread in Guatemala. The ICFTU refers to government statistics which indicate that about 821,875 children between the ages of seven and 14 years are economically active, most of them in agriculture or in informal urban activities such as shining shoes or street entertainment. Children are also involved in begging.

In its communication the ICFTU adds that child workers are often exploited and work in the worst conditions. Safety and health legislation is non-existent and many children work in highly dangerous activities, such as manufacturing fireworks or in quarries. The ICFTU emphasizes that the fireworks industry is particularly dangerous, and children are often seriously injured or killed in accidents. According to the ICFTU, although most of these activities take place in family-run workshops, about 10 per cent of the children work in factories, where they perform the most dangerous tasks, such as measuring out explosives.

The Committee requests the Government to communicate its comments on the ICFTU’s statements.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

1.  The Committee requests the Government to continue to supply information on developments concerning the national policy for the elimination of child labour, concrete measures taken accordingly, and progress made in the application of the Convention in practice.

2.  With reference to its previous direct request the Committee once again asks the Government to supply further information on the following points.

Article 3(1) and (2) of the Convention.  In reply to the Committee’s previous request concerning the kinds of work likely to jeopardize the health, safety or morals of young persons, the Government has supplied a copy of the Regulation of Occupational Hygiene and Safety. The Committee notes that the Regulation provides for the measures to be taken to ensure safety and health at work in general but does not include any list of work prohibited for young persons under 18 years of age. The Committee requests the Government to supply information on any Regulation or decision by the General Labour Inspection made under section 148(a) of the Labour Code.

Article 7.  Regarding the conditions to be fulfilled for the granting of written exceptions by the General Labour Inspection to the minimum age of 14 years under section 150 of the Labour Code, the Committee notes that the Agreement to establish the National Commission for Minors supplied by the Government contains no provision regulating or limiting the work of minors under 12 years of age, or the work of persons above the age of 14 years who have not yet completed their compulsory education. It also notes that the form for authorization of work for minors mentions the necessity of a written authorization for children under 14 years of age (section 150 of the Labour Code), but does not refer to the conditions upon which such authorization may be granted, that is, relating to light work for its duration and intensity, compatible with the physical, mental and moral health of the minor, and how the requirement of compulsory education is fulfilled (section 150(2), paragraphs (b) and (c)). The Committee recalls that Article 7(3) of the Convention requires the competent authority to determine the activities in which the exceptions for light work may be permitted, and to prescribe the conditions of such work. The Committee asks the Government to supply information on measures taken in this respect.

Finally, the Committee requests the Government to continue to supply information on the application of the Convention in practice, including, for example, statistical data and inspection reports.

[The Government is asked to report in detail in 2001.]

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With reference to its observation, the Committee asks the Government to supply further information on the following points.

Article 3(1) and (2) of the Convention. In reply to the Committee's previous request concerning the kinds of work likely to jeopardize the health, safety or morals of young persons, the Government has supplied a copy of the Regulation of Occupational Hygiene and Safety. The Committee notes that the Regulation provides for the measures to be taken to ensure safety and health at work in general but does not include any list of work prohibited for young persons under 18 years of age. The Committee requests the Government to supply information on any Regulation or decision by the General Labour Inspection made under section 148(a) of the Labour Code.

Article 7. Regarding the conditions to be fulfilled for the granting of written exceptions by the General Labour Inspection to the minimum age of 14 years under section 150 of the Labour Code, the Committee notes that the Agreement to establish the National Commission for Minors supplied by the Government contains no provision regulating or limiting the work of minors under 12 years old, or the work of persons above the age of 14 years who have not yet completed their compulsory education. It also notes that the form for authorization of work for minors mentions the necessity of a written authorization for children under 14 years of age (section 150 of the Labour Code), but does not refer to the conditions upon which such authorization may be granted, that is, relating to light work for its duration and intensity, compatible with the physical, mental and moral health of the minor, and how the requirement of compulsory education is fulfilled (section 150(2), paragraphs (b) and (c)). The Committee recalls that Article 7(3) of the Convention requires the competent authority to determine the activities in which the exceptions for light work may be permitted, and to prescribe the conditions of such work. The Committee asks the Government to supply information on measures taken in this respect.

Finally, the Committee requests the Government to continue to supply information on the application of the Convention in practice, including, for example, statistical data and inspection reports.

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With reference to its previous general observation (November-December 1995) the Committee notes the information supplied in the Government's report, as well as the adoption of the Code of Childhood and Adolescence (Decree No. 78-96). It notes with interest that this Code covers children working, not only in the formal sector, but also in the informal or family sector, including self-employment, (sections 62 and 64).

The Committee noted in its previous comments that the Ministry of Labour and Social Providence, through the National Commission for Working Minors, was paying attention to the informal sector, in cooperation with concerned NGOs, so as to establish a minimum age for work, among other things. It notes with interest that section 65 of the above Code prohibits any work for people younger than 14 years of age, except for the exceptions under section 150 of the Labour Code.

While the Code of Childhood and Adolescence also contains several provisions aiming at the protection of young workers, it sets forth the right of children and young people to be protected from economic exploitation, engagement in whatever work that may be dangerous to their physical and mental health or which hinders their education (section 53(1)) and declares that childhood should be dedicated to education, sports, culture, and recreation suitable to their age (section 53(2)). The Committee notes these provisions with interest.

Furthermore, the Committee notes from the Government's report that the Plan of Social Development (PLADES 1996-2000) contains policies focused on child labour, with a view to progressive raising of the minimum age for admission to employment; that the Unit of Young Workers of the Ministry of Labour and Social Providence has been instituting awareness campaigns for employers and parents, as well as for children concerning their rights under labour law and the right to formal education; and that the Memorandum of Understanding was signed in June 1996 with the ILO regarding IPEC (International Programme on the Elimination of Child Labour).

The Committee requests the Government to continue to supply information on developments concerning the national policy for the elimination of child labour, concrete measures taken accordingly, and progress made in the application of the Convention in practice.

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With reference to its previous request, the Committee notes the information supplied in the Government's report, in particular, concerning the application of Articles 2(3) (non-existence of the statutory age of completion of compulsory schooling), 3(3), 6 and 9(2), of the Convention. It asks the Government to supply further information on the following points.

1. Articles 1 and 2(1). The Committee notes the Government's indication that the Labour Code only refers to employment. It notes with interest, however, that the Ministry of Labour and Social Providence, through the National Commission for Working Minors, pays attention to the informal sector, in cooperation with concerned NGOs, so as to establish a minimum age, among other things. The Committee would be grateful if the Government would continue to supply information in this regard.

2. Article 3(1) and (2). In reply to the Committee's previous request concerning kinds of work likely to jeopardize the health, safety or morals of young persons, the Government indicates that the prohibition of work by minors in unhealthy and dangerous places covers unhealthy and dangerous work in general, and that the matter is dealt with in the Regulation of Occupational Hygiene and Safety. The Committee requests the Government to supply the text of this Regulation.

Article 7. Regarding the conditions to be fulfilled for the granting of written exceptions by the General Labour Inspection to the minimum age of 14 years under section 150 of the Labour Code, the Committee notes the Government's indication that the Regulation contained in the Agreement to establish the National Commission for Minors determines the work of minors, and that the same measures guarantee the protection of those who are under 12 years old. It notes that the Government refers to the same measures with regard to the work of persons above the age of 14 years who have not yet completed their compulsory education. The Committee asks the Government to supply a copy of this Regulation.

As regards item (c) of section 150, paragraph (2), of the Code which calls for the compliance with "the requirement of the obligatory education" for the granting of the above exceptions, the Committee notes the Government's reference to the proof of inscription in the school and a socio-economic study. It asks the Government to state whether any specific conditions of work are prescribed regarding the work permitted by means of such exceptions to ensure that "the requirement of the obligatory education" is not prejudiced.

3. Finally, the Committee notes with interest the Government's indication in the report on the efforts made by the Unit of Young Workers of the Ministry of Labour and Social Providence in a programme of training on labour rights with an active participation of young persons. It requests the Government to continue to supply information on the application of the Convention in practice, including, for example, statistical data and inspection reports.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Articles 1 and 2, paragraph 1, of the Convention. The Convention prohibits not only the employment, but any kind of work of young persons, even for their own account, under the specified minimum age. In its declaration in which the Government has specified a minimum age of 14 years, as well as in article 102, lit. l) of the Constitution, reference is only made to employment of young persons, whereas sections 147 ff. of the Labour Code refer, in a general manner, to work of young persons. Please indicate whether the minimum age provisions of the legislation regulate any kind of work of young persons and not only dependent employment.

Article 2, paragraph 3. Please indicate the age of completion of compulsory schooling.

Article 3, paragraphs 1 and 2. Section 148 of the Labour Code, as amended by Decree No. 64-92, of 10 November 1992, prohibiting work by minors in unhealthy and dangerous places, does not refer to unhealthy and dangerous work in general, as stipulated by this provision of the Convention. Such kind of work and work which is likely to jeopardize the morals of young persons is to be determined, according to the national legislation, by regulations or by the General Labour Inspection.

The Committee requests the Government to indicate whether the prohibition to undertake work in unhealthy and dangerous places also covers unhealthy and dangerous work in general, even if it is undertaken in otherwise safe places.

Please also indicate at what age a minor becomes of age.

Please describe what regulations concerning work which is likely to jeopardize the health, safety or morals of young persons, have been issued by the legislator or by the General Labour Inspection.

Please also indicate what measures are taken or envisaged to ensure that the organizations of employers and workers will be consulted in this process.

Article 3, paragraph 3. Please describe what exceptions, if any, have been granted to the prohibition for minors to perform unhealthy or dangerous work, to authorize such work to persons of between 16 and 18 years of age, taking into account the requirements of this provision of the Convention.

Article 6. Please indicate whether there exist provisions to regulate the conditions for apprenticeships, as required by this provision of the Convention.

Article 7, paragraphs 1 and 4. Please supply the regulations to determine, in accordance with section 148, subsection 3(e) of the Labour Code, the work of young persons under the age of 14 years, after hearing employers and workers.

Please indicate what conditions are to be fulfilled to comply with "the requirement of the obligatory education", which must be respected if the General Labour Inspection is to grant, under section 150 of the Labour Code, written exceptions to the minimum age requirements of 14 years.

Furthermore, please indicate what measures are contemplated or taken to limit the lower age for the granting of such exceptions for light work to 12 years, in accordance with the Convention.

Article 7, paragraphs 2 and 4. Please indicate the measures contemplated or taken to regulate the work of persons above the age of 14 years who have not yet completed their compulsory schooling.

Article 9, paragraph 2. Please indicate the persons responsible for compliance with the provisions giving effect to the Convention, e.g. employers, parents, legal representatives or the children themselves.

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The Committee takes note of the information in the Government's first report on the application of the Convention. It would be grateful if the Government would supply further information on the following points:

Articles 1 and 2, paragraph 1, of the Convention. The Convention prohibits not only the employment, but any kind of work of young persons, even for their own account, under the specified minimum age. In its declaration in which the Government has specified a minimum age of 14 years, as well as in article 102, lit. l) of the Constitution, reference is only made to employment of young persons, whereas sections 147 ff. of the Labour Code refer, in a general manner, to work of young persons. Please indicate whether the minimum age provisions of the legislation regulate any kind of work of young persons and not only dependent employment.

Article 2, paragraph 3. Please indicate the age of completion of compulsory schooling.

Article 3, paragraphs 1 and 2. Section 148 of the Labour Code, as amended by Decree No. 64-92, of 10 November 1992, prohibiting work by minors in unhealthy and dangerous places, does not refer to unhealthy and dangerous work in general, as stipulated by this provision of the Convention. Such kind of work and work which is likely to jeopardize the morals of young persons is to be determined, according to the national legislation, by regulations or by the General Labour Inspection.

The Committee requests the Government to indicate whether the prohibition to undertake work in unhealthy and dangerous places also covers unhealthy and dangerous work in general, even if it is undertaken in otherwise safe places.

Please also indicate at what age a minor becomes of age.

Please describe what regulations concerning work which is likely to jeopardize the health, safety or morals of young persons, have been issued by the legislator or by the General Labour Inspection.

Please also indicate what measures are taken or envisaged to ensure that the organizations of employers and workers will be consulted in this process.

Article 3, paragraph 3. Please describe what exceptions, if any, have been granted to the prohibition for minors to perform unhealthy or dangerous work, to authorize such work to persons of between 16 and 18 years of age, taking into account the requirements of this provision of the Convention.

Article 6. Please indicate whether there exist provisions to regulate the conditions for apprenticeships, as required by this provision of the Convention.

Article 7, paragraphs 1 and 4. Please supply the regulations to determine, in accordance with section 148, subsection 3(e) of the Labour Code, the work of young persons under the age of 14 years, after hearing employers and workers.

Please indicate what conditions are to be fulfilled to comply with "the requirement of the obligatory education", which must be respected if the General Labour Inspection is to grant, under section 150 of the Labour Code, written exceptions to the minimum age requirements of 14 years.

Furthermore, please indicate what measures are contemplated or taken to limit the lower age for the granting of such exceptions for light work to 12 years, in accordance with the Convention.

Article 7, paragraphs 2 and 4. Please indicate the measures contemplated or taken to regulate the work of persons above the age of 14 years who have not yet completed their compulsory schooling.

Article 9, paragraph 2. Please indicate the persons responsible for compliance with the provisions giving effect to the Convention, e.g. employers, parents, legal representatives or the children themselves.