Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

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

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.