Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

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

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.