Observation (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

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

Article 3(a) and 7(1) of the Convention. Sale and trafficking of children for commercial sexual exploitation and penalties. The Committee noted previously the adoption of Decree No. 9/2009 issuing the Act against sexual violence, exploitation and trafficking in persons. The Committee also noted the persistence of the problem of trafficking of children under 18 years of age for commercial sexual exploitation and allegations of the complicity of law enforcement officers with persons engaged in the trafficking of persons. The Committee noted that 106 cases relating to child victims of trafficking had been brought to the knowledge of the judicial authorities (out of 294 cases) between 2009 and 2012, with 38 rulings resulting in ten convictions.

The Committee notes the Government’s indication that there is a General Labour Inspectorate Protocol for the detection and referral of cases of trafficking of persons, which is a tool for the identification, referral and denunciation of cases. It also notes that a letter of understanding was signed with UNICEF in July 2015 with a view to strengthening the competencies and capacities of judicial bodies in relation to children, young persons, the family and criminal offences. The Committee notes the statistics from the judicial authorities concerning the cases of trafficking of persons registered, namely a total of 125 cases in 2013 (including 24 girls and young women and 11 boys and young men), 119 cases in 2014 and 51 cases in 2015 (from January to June). The Government also reports 44 convictions in 2014 and 26 in 2015 (from January to June). The Committee further notes that, in its report on the Minimum Age Convention, 1973 (No. 138), the Government refers to statistics of the Attorney-General, according to which 380 minors were saved, including four victims of trafficking and one victim of sexual exploitation. The Committee however observes that the information provided by the Government does not systematically specify the number of rulings and convictions relating to the sale and trafficking of children under 18 years of age for commercial sexual exploitation and the officials complicit in these acts, and does not indicate the types of penalties imposed. The Committee also notes that, according to the 2014 Trafficking Report of the Human Rights Prosecutor, the Office of the Public Prosecutor identified 548 victims of trafficking, including 139 children and young persons (including 112 girls and young women), with the indication that 195 cases were not classified. The report also refers to 306 cases of denunciations of trafficking being opened between 2010 and 2014, including 98 in 2014. Of these cases, 79 per cent concern children and young persons and 52 per cent relate to the sexual exploitation of children and young persons. Finally, the Committee notes that, according to the 2013 report of the Special Rapporteur on the sale of children, child prostitution and child pornography (A/HRC/22/54/Add.1, paragraph 15), Guatemala is a source, transit and destination country for child victims of sexual exploitation and forced labour. While noting the statistics on the application of Decree No. 9/2009, the Committee requests 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. It also requests the Government to continue providing detailed information, disaggregated by age and sex, on the number of investigations, prosecutions, convictions and sanctions imposed on persons engaging in the sale and trafficking of children under 18 years of age for commercial sexual exploitation.

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. The Committee previously noted the measures taken by the Government to combat child labour in the fireworks sector. It also noted that the national legislation prohibits work by persons under 18 years of age in the manufacture, preparation and handling of explosive substances and products, and the production of explosives or fireworks. Finally, the Committee noted that the labour inspectorate had been obstructed in the discharge of its duties and that 16 cases of violations had been reported and referred to the labour tribunal. The Committee requested the Government to take immediate and effective measures to ensure that persons under 18 years of age are not engaged in the fireworks sector and to intensify its efforts to conduct inspections in all firework factories.

The Committee notes the Government’s indications that Circular No. 09 2014 has been adopted for labour sub-inspectors, directors and departmental delegates to inform them of the verification procedures in the context of operational plans on child labour, warnings and the contact details of the national civil police force for support, in accordance with Ministerial Agreement No. 106-2011 (Rules of Procedure in the event of the obstruction of labour inspectors in the discharge of their duties). The Committee also notes the adoption of Circular No. 16-2005, which includes directives for the inspection plan for individuals and associations in which children and young persons are reported to be working, including in the worst forms of child labour or under inadequate conditions. The Government indicates in this regard that in 2012 a total of 11 children were detected in the manufacture, preparation and handling of fireworks and explosive substances, and two children in 2013. In 2014, the Government indicates that six warnings were issued. The Committee observes that 492 enterprises are indicated under the heading “not applicable”, without the meaning of this heading being specified. While noting the decrease in the number of cases of children engaged in the manufacture, preparation and handling of explosive substances and products, and in the production of explosives and fireworks at home, 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. The Committee also requests the Government to provide information on the specific measures taken in this connection and the results achieved. Finally, it 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 such inspections, with an indication of the meaning of the headings used in the operational plans.

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 requested the Government to provide information on the programmes of action developed in the context of the implementation of the Plan of Action.

The Committee notes the Government’s indication that the activities envisaged in the Plan of Action have not been carried out. It notes the information contained in the 2013 Trafficking Report of the Human Rights Prosecutor, according to which the strategies set out in the Plan have been included in the Comprehensive Protection Policy and in the National Plan of Action for Children and Young Persons 2004–15, which includes the objective of evaluating the results of the National Plan of Action to Combat the Commercial Sexual Exploitation of Children, but that it has not yet been given effect (page 13). The Committee therefore urges the Government to take immediate and effective time-bound measures to combat the commercial sexual exploitation of children under 18 years of age. It requests it to provide 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. Further to its previous comments, the Committee notes the Government’s indication that a Public Policy against Trafficking in Persons and the Comprehensive Protection of Victims 2014–24 has been drawn up by the Inter-institutional Committee to Combat Trafficking in Persons (CIT) and adopted by Executive Agreement No. 306-2014. This policy includes the strategic objectives of developing a plan for the implementation of effective prevention mechanisms, institutional management and coordination to provide care for victims. The Committee also notes the Inter-institutional Protocol for the care of victims of trafficking in persons drawn up by the Secretariat for Foreign Affairs and the Social Welfare Secretariat, which was approved by the Secretariat to Combat Sexual Violence, Exploitation and Trafficking in Persons (SVET). The Government adds that the department of Quetzaltenango has established a support programme for girls and young women who are victims of gender-based sexual violence, including care for young women who are victims of trafficking. The Committee further notes the Government’s indication, according to its report on the application of the Forced Labour Convention, 1930 (No. 29), that the SVET has made available specialized temporary shelters for victims of trafficking and has participated in the activities undertaken, in the context of the roadmap to ensure that Guatemala is free of child labour, with the National Commission for the Eradication of Child Labour (CONAPETI). Finally, the Committee notes, from the information contained in the 2014 Trafficking Report of the Human Rights Prosecutor, the Alba-Keneth alarm system to prevent trafficking and protect children through the coordination of inter-institutional action for the identification and immediate relief of child victims. It notes that the Operational Unit of the Alba-Keneth alarm system in the Office of the Public Prosecutor recorded 17,443 alerts activated between 2011 and 2014, including 5,780 in 2014 (page 30). While noting the measures adopted by the Government, the Committee requests it to continue its efforts to take effective and time-bound measures to prevent and remove children from the worst forms of child labour, and in particular to prevent them from becoming victims of commercial sexual exploitation or trafficking for that purpose. The Committee also requests the Government to provide the necessary and appropriate direct assistance for the removal of children from these worst forms of child labour. In this connection, the Committee requests the Government to provide information on the measures adopted or envisaged in the context of the implementation of the public policy to combat trafficking in persons and to guarantee comprehensive protection for victims (2014–24), the Interinstitutional Protocol and the roadmap.

Article 8. International cooperation. Trafficking of children for commercial sexual exploitation. In its previous comments, the Committee noted that, while recognizing the conclusion of memoranda of understanding with neighbouring countries, undocumented foreign children, including victims of trafficking, are subject to deportation and must leave the country within 72 hours. The Committee also noted the Government’s indication that an Interinstitutional Protocol for the repatriation of victims of trafficking had been adopted and that the SVET envisaged activities in this regard. While noting that the Protocol was not yet implemented in practice, the Committee requested the Government to indicate the measures taken for its implementation.

The Committee notes that the Government’s report remains silent on this subject. The Committee observes 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 is examining a programme of protection and comprehensive assistance for the repatriation and reintegration of children intercepted by the United States and Mexican authorities. The Special Rapporteur also notes that the Government is working with El Salvador and Honduras for the adoption of the “Guardian Angels” programme aimed at improving the sharing of information and the protection of victims of trafficking in border areas. The Committee therefore once again requests the Government to indicate the measures taken to ensure the rehabilitation and social reintegration of child victims removed from trafficking for commercial sexual exploitation in their country of origin, particularly under the programmes referred to above and in the context of the implementation of Inter-institutional Protocol for the repatriation of victims of trafficking and the activities of the SVET. It also requests the Government to indicate the number of child victims of trafficking who have been repatriated.

The Committee invites the Government to avail itself of ILO technical assistance, particularly for the implementation of the activities of the CONAPETI and the SVET, with a view to bringing its law and practice into conformity with the Convention. In this regard, the Committee welcomes the ILO project financed by the Directorate-General for Trade of the European Commission in support of countries benefiting from the Generalized System of Preferences (GSP+) of the European Union with a view to the effective implementation of international labour standards, targeting four countries, including Guatemala.

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