Observation (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Guatemala (Ratification: 2001)

The Committee notes the Government’s first and second reports. It also notes the comments of the International Confederation of Free Trade Unions (ICFTU), dated 10 January 2002, and those of the Trade Union Confederation of Guatemala (UNSITRAGUA), dated 25 August 2003 and 25 August 2004. Furthermore, the Committee notes the Government’s reply to the matters raised by UNSITRAGUA in its comments of 25 August 2003. It requests the Government to provide information on the issues raised by UNSITRAGUA in its comments of 25 August 2004.

With reference to its comments made under the Forced Labour Convention, 1930 (No. 29), and in so far as Article 3(a) of the Worst Forms of Child Labour Convention, 1999 (No. 182), provides that the term "the worst forms of child labour" comprises "all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour", the Committee considers that the problem of the sale and trafficking of children for sexual exploitation, including prostitution, may be examined more specifically in the context of Convention No. 182.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children for prostitution. In its comments, the ICFTU reports the existence of the trafficking of persons, especially children, for the purposes of prostitution. The majority of children who are victims of such trafficking are from neighbouring countries or other parts of Guatemala, and particularly the border areas with Mexico and El Salvador. In its communication, UNSITRAGUA also indicates that many boys and girls who are victims of trafficking are from neighbouring countries and are used for the purposes of sexual exploitation, including prostitution. This practice is facilitated by the non-existence of adequate controls resulting from the lack of regulations.

In its reply to the comments made by UNSITRAGUA, the Government indicates that section 56 of the Act respecting the integral protection of childhood and adolescence of 2003 provides that boys, girls and young persons are entitled to be protected against any form of sexual exploitation and abuse including: (a) incitation or pressure to engage in any form of sexual activity whatsoever; (b) being used for the purposes of prostitution and in pornographic performances or the production of pornography; and (c) sexual promiscuity. The Government adds that the national legislation includes provisions prohibiting and penalizing prostitution and the corruption of young persons, including sections 188, 189 and 190 of the Penal Code.

The Committee notes that sections 188 and 190 of the Penal Code establish penalties for persons found guilty of causing the prostitution and corruption of young persons. The Committee also notes that section 194 of the Penal Code establishes a penalty of imprisonment for between one and three years and a fine of between Quetzales 500 and 3,000 for any person found guilty of facilitating, encouraging or causing, in any manner whatsoever, the entry or departure from the country of women and men for the purposes of prostitution. The Committee notes, however, that in her report of January 2000 (E/CN.4/2000/73/Add.2, paragraphs 46 and 47), the United Nations Special Rapporteur on the sale of children, child prostitution and child pornography indicates that several cases of the sale of children for prostitution were reported to her in Tecúm Umán. One case involved seven minors engaged in prostitution, two of whom had been sold. They had been between 14 and 16 years of age when they started. The couple who had forced them into prostitution received sentences of 13 and six years in prison, respectively, but on appeal the charges were reduced to soliciting and pimping and the couple were merely fined and then released. The Rapporteur also indicated that many of these children are sold to pimps. State officials also informed her that there are children from El Salvador, Honduras, Mexico and Nicaragua who are engaged in prostitution in Guatemala, and that Guatemalan children go to those countries for the same reason.

The Committee reminds the Government that, under the terms of Article 3(a) of the Convention, the sale and trafficking of children for sexual exploitation, including prostitution, is considered to be one of the worst forms of child labour and that, under Article 1 of the Convention, each Member which ratifies it must take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee requests the Government to renew its efforts to protect children against sale and trafficking for the purposes of sexual exploitation, including prostitution. It also requests the Government to provide information on the application of penalties in practice, including through the provision of reports on the number of reported infringements, investigations, prosecutions and convictions.

Article 6. Programmes of action to eliminate the worst forms of child labour. In its reply to UNSITRAGUA’s comments, the Government indicates that, with regard to children, specific policies for the elimination of the worst forms of child labour exist, inter alia, in the "National Plan of Action against the commercial sexual exploitation of girls, boys and young persons in Guatemala". The Government adds that ILO/IPEC has undertaken a series of rapid assessments in several sectors of economic activity, including prostitution. According to the Government, these rapid assessments have made it possible to identify the existence of the worst forms of child labour in certain departments in the country. For example, children are reported to be used for prostitution in the department of San Marcos, on the border with Mexico, in Suchitepéquez and Escuintla.

The Committee notes that, in its concluding observations on the Government’s second periodic report in July 2001 (CRC/C/15/Add.154, paragraphs 52 and 53), the Committee on the Rights of the Child indicated that, while noting the elaboration of the National Plan of Action against commercial sexual exploitation was in its final stage, it expressed its deep concern that, with regard to the increasing phenomenon of the commercial sexual exploitation of children, in particular girls, there are no data available, legislation is inadequate, cases involving sexually exploited children are often not investigated and prosecuted and no rehabilitation programmes are available. The Committee on the Rights of the Child recommended the Government to expedite the adoption of the National Plan against commercial sexual exploitation, taking into account the Agenda for Action adopted by the Stockholm World Congress against commercial sexual exploitation, and to undertake a study on this issue in order to understand its scope and causes, to enable effective monitoring of the problem and to develop all necessary measures and programmes to prevent, combat and eliminate it. The Committee on the Rights of the Child also invited the Government to seek international cooperation.

The Committee further notes the report entitled "The commercial sexual exploitation of boys, girls and young persons in Guatemala", published by ILO/IPEC in March 2003. This report indicates that the situation is very serious and that very few institutions are addressing the problem of sexual exploitation, including prostitution, on an urgent basis. Despite the formulation by the Secretariat for Social Welfare of the "National Plan of Action against the commercial sexual exploitation of girls, boys and young persons", the measures necessary to prevent, penalize and protect children have not been adopted. The Committee notes the document entitled "Public policy and National Plan of Action for Childhood (2004-2015)". According to this document, the Government intends to adopt measures in 2005 at the national and international levels and in collaboration with neighbouring countries with a view to bringing to an end the sale and trafficking of girls, boys and young persons for the purposes of sexual exploitation. Furthermore, in 2007, the Government envisages: establishing a national database system on the sexual exploitation of children; developing a system to prevent the sexual exploitation of children; and implementing specialized support programmes for children affected by commercial sexual exploitation, including programmes of assistance for their rehabilitation and social, educational and family integration.

The Committee requests the Government to provide information on the implementation and impact of the "National Plan of Action against the commercial sexual exploitation of girls, boys and young persons in Guatemala" and the "Public Policy and National Plan of Action for Childhood (2004-2015)", particularly in relation to the rehabilitation and social integration of child victims of trafficking for prostitution.

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