Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Guatemala (Ratification: 2001)

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

Articles 3(a) and 7(1) of the Convention. Sale and trafficking of children for commercial sexual exploitation, and penalties. In its previous comments, the Committee noted the persistence of the problem of trafficking of children under 18 years of age for commercial sexual exploitation and the allegations of the complicity of law enforcement officers with persons engaged in the trafficking of persons. The Committee requested the Government to pursue its efforts to ensure that thorough investigations and robust prosecutions are carried out against the perpetrators of trafficking of children under 18 years of age for commercial sexual exploitation, and against officials who are complicit in such acts.

The Committee notes the joint observations of the IOE and the CACIF, which indicate that, according to the latest report of the United States Department of Labor (USDOL) on child labour and the worst forms of child labour, in 2016 Guatemala was recognized as one of the 23 countries, out of the 135 countries examined, which had made significant progress in the eradication of the worst forms of child labour. The joint observations of the IOE and CACIF also indicate that the Government has re-established the Inter-Institutional Committee to Combat Trafficking in Persons and that it has associated with the National Centre for Disappeared and Exploited Children, which collaborates directly with technological enterprises to obtain evidence of pornography and the trafficking of children.

The Committee notes that, according to Annex No. 1 and Annex No. 2 of the Government’s report, the statistical information for 2015 to 2017, provided by the Office of the Prosecutor against trafficking in persons, indicates that between 2015 and the first half of 2017 a total of 434 investigations were conducted into offences relating to trafficking in persons in which 314 young persons, including 283 girls and 31 boys, and 110 children, including 64 girls and 46 boys, were involved. According to the Centre for Judicial Information, Action and Statistics, a total of 682 cases of trafficking in persons and other related violations were recorded in the judicial sector between 2015 and February 2018. The Government emphasizes that, with regard to prosecutions against complicit officials, these crimes are not covered by the statistics, as institutional registers always endeavour to disaggregate this type of variable, among others. Similarly, the Office of the Prosecutor against trafficking in persons indicated that one public official has been detained and convicted to a sentence of 22 years of imprisonment. Between 2017 and February 2018, a total of 197 judicial rulings were made on the trafficking of persons for commercial sexual exploitation, of which 69 concerned minors. However, the Committee notes the absence of information on the penalties imposed as a result of these court rulings.

The Committee also notes the action taken by the national police force in relation to the recording of cases of sexual exploitation. The department specialized in children and young persons of the national civil police currently has three protocols respecting police intervention in procedures involving children and young persons, so that appropriate action can be taken during procedures involving girls, boys and young persons who are victims of sexual exploitation. The Committee once again requests the Government to pursue its efforts to ensure that thorough investigations and robust prosecutions are carried out against those responsible for trafficking of children under 18 years of age for commercial sexual exploitation, and that effective and sufficiently dissuasive penalties are imposed in practice. It requests the Government to continue providing detailed information, disaggregated by age and gender, on the number of investigations, prosecutions and convictions of persons engaged in the sale and trafficking of children under 18 years of age for commercial sexual exploitation. Please provide information on the number and nature of the penalties imposed.

Articles 3 and 5. Worst forms of child labour and monitoring mechanisms. Clause (d). Hazardous types of work. Production and handling of explosive materials and products and labour inspection. In its previous comments, the Committee noted the reduction in the number of children engaged in the manufacture, preparation and handling of explosive substances and products and fireworks. However, the Committee requested the Government to continue taking the necessary measures to ensure that persons under 18 years of age are not engaged in this sector.

The Committee notes the statistics of the Ministry of Labour for the period between 2015 and 2017, according to which 20,858 young persons were provided with assistance by the Young Workers Protection Unit (UPAT) and were informed of their labour rights and the minimum age for admission to employment. Similarly, the Ministry of Labour and Social Welfare, through the General Labour Inspectorate, carried out 6,686 inspections in 2015 in the agricultural, African palm, hotels and restaurants and fireworks and pyrotechnical games production and distribution sectors. During these inspections, 68 workers under 18 years of age were detected, including 47 young persons between 14 and 17 years of age and 21 children below 13 years of age.

The Committee notes the action taken by the General Labour Inspectorate to ensure that persons under 18 years of age are not engaged in the firework sector. In 2015, out of 750 inspections, one young person was detected in the sector. In 2016, out of 662 inspections by the labour inspection services in the firework sector, two cases were identified of young persons under 18 years of age in the sector, and in 2017, although 534 inspections were made in the firework sector, no cases of child labour were identified. The Committee notes with interest the Government’s indication in its report that there has been a reduction in the number of persons under 18 years of age engaged in this type of activity, particularly as a result of the operations carried out annually by the labour inspection services.

The Committee notes the Government’s statistics on complaint procedures. In 2017, out of 62 complaints, 39 led to a legal proceeding, while in 2018, of the 25 complaints made, 19 led to a legal proceeding. The Committee notes the indications concerning the penalties imposed following labour inspections. Prior to 2016, the Government indicates that it was not possible to monitor strictly the number of penalties imposed to combat child labour. However, the Committee takes due note of Decree No. 7-2017 of June 2017, amending the Labour Code, which empowers the General Labour Inspectorate to impose the corresponding penalties in the event of violations of labour rights. Administrative decisions in relation to penalties are in abeyance, due to a procedure brought before the Comptroller General. The Committee requests the Government to continue taking the necessary measures to ensure that persons under 18 years of age are not engaged in this sector. It also requests it to indicate the number of inspections carried out in this sector and the nature of the violations reported and the penalties imposed as a result of the inspections. The Committee also requests the Government to provide information on the reasons why many complaints did not give rise to legal proceedings, and to provide information on the specific measures taken in this respect and the results achieved.

Article 6. Programmes of action. National Plan of Action to Combat the Commercial Sexual Exploitation of Children. In its previous comments, the Committee noted that the National Plan of Action to Combat the Commercial Sexual Exploitation of Children was being revised, but that the Social Welfare Secretariat was not able to implement the Plan of Action in view of the inadequacy of the budget allocated. The Committee noted that the activities envisaged in the Plan of Action had not been carried out. It also urged the Government to take immediate and effective time-bound measures to combat the commercial sexual exploitation of children under 18 years of age.

The Committee notes from the Government’s report that the policy for the judicial protection of girls, boys and young persons was adopted on 8 July 2015 by a plenary session of the Supreme Court of Justice. Its approval was validated by the signature of a declaration by the judicial authorities, the United Nations Children’s fund (UNICEF) and the Education Institute for Sustainable Development (IEPADES). The objective of the policy is to have a political and planning document as a basis for strengthening the capacity of judicial officials to ensure the rights of girls, boys and young persons. The Committee also notes the development of an IT system entitled “System for recording measures for girls, boys and young persons” in relation to the commercial sexual exploitation of children and the provision of training for judges of the peace, judges in juvenile courts and magistrates.

The Committee notes that the Secretariat to Combat Sexual Violence, Exploitation and Trafficking in Persons (SVET) has implemented an Inter Institutional Action Protocol for an immediate response to cases of sexual exploitation of children and young persons in tourism. The Government also emphasizes the implementation of the NO PERMIT campaign, through which personnel in the tourism sector have undergone awareness-raising, the “Do not trust grooming, Online seduction” campaign, as well as the Government’s participation in the WePROTECT Global Alliance to bring an end to sexual exploitation of children online. The Committee requests the Government to continue taking immediate and effective time-bound measures to combat the commercial sexual exploitation of children under 18 years of age. It requests the Government to continue providing information on this subject.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from these forms of labour and ensuring their rehabilitation and social integration. Commercial sexual exploitation and trafficking for that purpose. In its previous comments, the Committee noted that a public policy to combat trafficking in persons and for the comprehensive protection of victims 2014–24 had been prepared by the Inter-Institutional Committee to Combat Trafficking in Persons (CIT) and adopted by Executive Decision No. 306-2014. It requested the Government to provide information on the measures adopted or envisaged in the context of the implementation of the public policy with a view to combating trafficking in persons and ensuring comprehensive protection for victims (2014–24), the Inter-Institutional Protocol and the road map.

The Committee notes the Government’s statistical data, according to which, in 2016, child victims of trafficking were mainly intended for labour exploitation (153 victims, most of whom were between 3 and 17 years of age), sexual exploitation (28 victims, mainly between 12 and 17 years), and forced begging (19 victims, mainly between 3 and 14 years of age). In 2017, there were 99 child victims, mainly engaged in labour exploitation (54 victims, mainly between 3 and 17 years of age) and sexual exploitation (31 victims, mainly between 12 and 17 years of age), while there were fewer child victims of forced begging. The Committee also notes the complaints lodged by the Directorate of the Office of the Prosecutor for children and young persons with the Office of the Public Prosecutor concerning trafficking in children, which numbered 154 in 2016 and 281 in 2017. Furthermore, the operational unit of the Alba-Keneth alarm system of the Office of the Public Prosecutor has been involved since 2010 in seeking and identifying disappeared or abducted children and young persons. Between 2015 and 2017, the alarm system identified 77 cases of girls and 10 cases of boys, most of whom were between 12 and 17 years of age.

The Committee notes from the Government’s report the various types of action taken for the prevention of trafficking in persons and the protection of children. The child care programme, entitled “Community Households”, of the Presidential Secretariat for Social Work (SOSEP), which has been active since 1993, has the objective of facilitating the comprehensive development of girls and boys under 7 years of age. In 2016, a total of 11,879 children, compared with 2,889 children in 2017, benefited from its services. Furthermore, the SVET made efforts to reinforce comprehensive care for victims in its three temporary shelters, particularly by reinforcing comprehensive care programmes with medical, psychological and social assistance, assistance for the development of a life project, technical and vocational training, academic education, educational support, nutritional care and accommodation. The shelters have multidisciplinary teams of professionals who provide services to victims of trafficking in persons. Between 2015 and 2017, a total of 1,079 children benefited from these services.

The Committee notes the reactivation and reinforcement by the SOSEP of departmental networks to combat sexual violence, exploitation and trafficking in persons which have been established by departmental governments, municipal authorities, the social sector and public institutions. The Committee notes that the SVET has developed tools, including a register of social assistance, a collection of instruments relating to trafficking in persons and a guide on the identification of victims of trafficking in persons. According to SVET statistics, the Government has carried out action to provide care and protection to 577 children and young persons who are victims of trafficking between 2015 and 2017. While noting the measures taken by the Government, the Committee requests it to pursue its efforts to prevent the engagement of children in the worst forms of child labour and to remove them from such forms of labour, and particularly to prevent them from becoming victims of commercial sexual exploitation or trafficking for this purpose. The Committee also requests the Government to continue providing the necessary and appropriate direct assistance for the removal of children from these worst forms of child labour. Finally, the Committee requests the Government to continue providing information on the measures adopted in the context of the implementation of the public policy to combat trafficking in persons and ensure comprehensive protection for victims (2014–24), the Inter Institutional Protocol and the road map.

Article 8. International cooperation. Trafficking of children for commercial sexual exploitation. In its previous comments, the Committee noted that, according to the report of the Special Rapporteur on the sale of children, child prostitution and child pornography (A/HRC/22/54/Add.1, paragraph 107), the Government was implementing a programme of protection and comprehensive assistance for the repatriation and reintegration of children intercepted by the United States and Mexican authorities. The Committee requested the Government to indicate the measures taken to ensure the rehabilitation and social integration of child victims removed from trafficking for commercial sexual exploitation in their country of origin, including under the programme referred to above, and in the context of the implementation of the Inter-Institutional Protocol for the repatriation of victims of trafficking and the activities of the SVET. The Committee also invited the Government to avail itself of ILO technical assistance, particularly for the implementation of the activities of the National Commission for the Eradication of Child Labour (CONAPETI) and the SVET.

The Committee notes the various institutions outside the SVET and the Ministry of Social Affairs which collaborate on cases of trafficking in persons, such as the General Directorate of Migration, the General Directorate of Civil Aviation, the Office of the Human Rights Mediator, the trafficking in persons unit of the national civil police, the Ministry of Foreign Affairs, the Office of the Prosecutor General, the Office of the Public Prosecutor, with the collaboration of the International Organization for Migration (IOM).

With reference to repatriated minors, the Committee notes that in 2016 there were 57 repatriated minors, including 37 boys and 20 girls, of Mexican, El Salvadorian, Nicaraguan and Honduran nationality. In 2017, a total of 76 repatriated minors were recorded, including 51 boys and 25 girls of United States, Honduran, Mexican and El Salvadorian nationality. The Government emphasizes that the flow of migrants was considerably smaller in 2017.

The Committee takes due note of the technical assistance that the Government has received from the ILO for the preparation of the road map, and for its revision, formatting and publication, as well as for the preparation of the report on child labour in Guatemala and for the National Survey of Living Conditions (ENCOVI, 2014), among other initiatives. The Committee once again requests the Government to indicate the measures adopted to ensure the rehabilitation and social integration of child victims removed from trafficking for commercial sexual exploitation in their country of origin, within the context of the implementation of the Inter Institutional Protocol for the repatriation of victims of trafficking and the activities of the SVET. It also requests it to indicate the number of child victims of trafficking who have been repatriated. The Committee invites the Government to continue to avail itself of ILO technical assistance, particularly for the implementation of the activities of the CONAPETI and the SVET.

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