Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

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

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.