Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Other comments on C138

Observation

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Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted that, according to the study entitled Understanding child labour in Guatemala, carried out in 2000 by the National Statistical Institute, around 507,000 boys and girls aged between 7 and 14 years were engaged in work in Guatemala. The agricultural sector was the branch of economic activity with the most child workers (62 per cent), followed by commerce (16.1 per cent), manufacturing (10.7 per cent), services (6.1 per cent) and construction (3.1 per cent). It noted that the Special Labour Inspectors Unit of the Ministry of Labour and Social Welfare formulated a project in 2006 with a view to monitoring the application of the provisions of the Labour Code and the Act on the comprehensive protection of children and young persons of 2003. It also noted that a public policy for the full protection of children and young persons and an Action Plan on Children and Young Persons (2004–15) had been adopted.

The Committee notes the results of the study on living conditions in Guatemala in 2006 provided in the Government’s report. According to the results of this survey, it is estimated that 528,000 children between the ages of 7 and 14 years were engaged in work in the country in 2006. In addition, of the 966,361 children and young persons between 5 and 17 years of age engaged in an economic activity, 7.7 per cent were between 5 and 9 years of age and 47 per cent between 10 and 14. Accordingly, nearly two-thirds of the children and young persons under 17 years of age who work in the country are between 5 and 14 years of age. Most of these children are indigenous boys from rural areas of the country. The economic sectors most affected by child labour are agriculture, stock-raising, hunting, forestry and fishing, the commercial sector and manufacturing. The great majority of children are unpaid (95 per cent of 5–9 year olds and 76.6 per cent of 10–14 year olds) and work more than 20 hours a week. Furthermore, nearly 20 per cent of children between the ages of 5 and 9 years who work and 30 per cent of those aged 10–14 do not go to school.

The Committee also notes the statistics provided in the Government’s report concerning the cases of child labour detected by labour inspectors in 2009 and 2010. It observes that the labour inspection services identified three children under 14 years of age engaged in work during inspections during 2009, and none in 2010. Nevertheless, the Committee notes that, according to the information contained in a report on the worst forms of child labour in Guatemala of 15 December 2010, available on the website of the United Nations High Commissioner for Refugees, only eight of the 250 existing labour inspectors in the country have received training on child labour.

The Committee however notes that, according to the information provided in the Government’s report, Guatemala has formulated, in collaboration with ILO–IPEC, a “roadmap” to ensure that Guatemala is a country free from child labour and its worst forms. The roadmap constitutes a strategic national framework based on the achievement of the objectives set out in Decent work in the Americas: An agenda for the Hemisphere, namely the elimination of the worst forms of child labour by 2015 and the eradication of child labour in all its forms by 2020. It also notes that, according to the information contained in the ILO–IPEC report of June 2010 on the project entitled “Elimination of Child Labour in Latin America (Phase III)”, the 2010–12 programme for the implementation of the roadmap has been prepared and is awaiting approval. The Committee also notes the establishment by the Government of Guatemala of the programme Mi Familia Progresa with a view to promoting education as a means of contributing to the eradication of child labour through the prevision of cash benefits conditional upon the school attendance of children. The strategic document for the implementation of the roadmap envisages extending the coverage of this programme with a view to covering 800,000 children between the ages of 6 and 15 years by 2015.

The Committee takes due note of the measures adopted by the Government for the abolition of child labour. However, it observes that the United Nations Committee on the Rights of the Child, in its concluding observations of 25 October 2010 on the third and fourth periodic reports of Guatemala (CRC/C/GTM/CO/3–4, paragraph 19), regretted that the implementation of the various initiatives to address violations of children’s rights is insufficient and suffers from a lack of adequate evaluation due to institutional weaknesses and the inadequate allocation of resources. Once again expressing concern at the number and situation of children under 14 years of age who work in Guatemala, the Committee urges the Government to intensify its efforts to ensure the progressive elimination of child labour. In this respect, it requests the Government to envisage the possibility of adopting all possible measures including adapting and strengthening the labour inspection services so as to ensure the protection set out in the Convention for children and young persons under 14 years of age. It also requests the Government to provide information on the measures adopted and the results achieved in the context of the implementation of the roadmap with a view to the abolition of child labour by 2020. Finally, the Committee requests the Government to continue providing information on the application of the Convention in practice including, for instance, statistics on the employment of children and young persons disaggregated by sex and age, extracts from the reports of the inspection services and information on the number and nature of the violations reported and the penalties imposed.

Article 3(1). Age of admission to hazardous work. In its previous comments, the Committee noted that section 148(a) of the Labour Code prohibits work by minors in unhealthy and dangerous workplaces. However, it observed that the Labour Code does not define the term minor and that it is therefore impossible to determine the minimum age from which a minor may be admitted to perform hazardous work. In this respect, the Government indicated that the Tripartite Subcommission on Judicial Reforms will examine the Office’s proposals during the course of the work of reforming the Labour Code. The Committee also noted that section 32 of Government Agreement No. 112-2006 of 7 March 2005 issuing Regulations on the protection of children and young persons at work prohibits work by children and young persons under 18 years of age in various types of hazardous work.

The Committee notes the Government’s indication that the draft reform of the Labour Code has not yet been adopted. However, it notes with interest that section 4 of the draft reform of the Labour Code (Initiative No. 4205), available on the Internet site of the Congress of the Republic of Guatemala, envisages the revision of section 148(a) so as to prohibit the engagement of young persons under 18 years of age in various types of hazardous work. The Committee expresses the firm hope that the draft reform of the Labour Code will be adopted in the very near future so that the national legislation is in conformity with the Convention on this point. It requests the Government to continue providing information on the progress achieved in this regard.

Article 6. Apprenticeship. Age of admission to apprenticeship. The Committee noted previously that section 171 of the Labour Code does not establish a minimum age for admission to apprenticeship. It also noted that, by virtue of section 150 of the Labour Code, the General Labour Inspectorate can issue written authorization allowing daily work by minors under 14 years of age. This authorization must state that the minor will be working as an apprentice. The Committee also pointed out that a reading of section 24 of the Regulations on the protection of children and young persons at work and section 2 of Decree No. 27 2003 issuing the Act on the comprehensive protection of children and young persons suggests that the age of admission to apprenticeship is 13 years. For its part, the Government indicated that the Special Labour Inspectors Unit provides the basis for the application of Article 6 of the Convention by providing that no minor under 14 years of age may be a party to an apprenticeship contract. The Committee noted the Government’s indication that the Tripartite Committee on International Labour Affairs had started a review of the national labour legislation and that the issue of the minimum age for admission to apprenticeship would be brought to its attention.

The Committee notes the Government’s indication that no progress relating to the reform of the national labour legislation on the issue of the age of admission to apprenticeship has been reported. The Committee therefore urges the Government to take the necessary measures to harmonize the provisions of the national legislation with Article 6 of the Convention so as to establish a minimum age for admission to apprenticeship of 14 years. It requests the Government to continue providing information on the progress achieved in this respect in its next report.