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Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that the national legislation does not contain a provision prohibiting the use, procuring or offering of a person under 18 years of age for the production of pornography or for pornographic performances. It noted the Government’s indication that the Congress of the Republic was examining a Bill to reform the Penal Code to criminalize the production of pornography using children and young persons.

The Committee notes that, in its concluding observations on the Government’s initial report on the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography of July 2007 (CRC/C/OPSC/GTM/CO/1, paragraph 10), the Committee on the Rights of the Child expressed concern that the practices of purchasing sexual services from children and selling of child pornography materials continue to be common and socially tolerated. The Committee notes the Government’s indication that the Congress of the Republic is examining the approval of the Bill regulating the progressive elimination of the worst forms of child labour, universal access to education for boys and girls and the protection of young workers. It also notes that, according to the information contained in the ILO/IPEC report of September 2008 on the project entitled “Stopping exploitation. Contribution to the prevention and elimination of commercial sexual exploitation of children in Central America, Panama and the Dominican Republic”, the Penal Code is still in the process of being reformed. Taking the above into account, the Committee expresses the firm hope that the Bill regulating the progressive elimination of the worst forms of child labour, universal access to education for boys and girls and the protection of young workers, as well as the reform of the Penal Code will be adopted in the near future and that they will contain provisions giving effect to this Article of the Convention. It requests the Government to provide information on any progress made in this regard.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. 1. Children affected by armed conflict. The Committee previously noted that, in its second periodic report on the Convention on the Rights of the Child submitted to the Committee on the Rights of the Child in March 2000 (CRC/C/65/Add.10, paragraphs 240 and 241), the Government indicated that children and young persons were affected in a variety of ways by the armed conflict which has affected the country. According to official estimates, there were 200,000 orphans and over 1 million persons had been internally displaced. According to the Government, these situations have had repercussions on the physical and mental health of children, their access to education as well as the preservation of the identity of children, particularly indigenous peoples. The Committee noted the Government’s indication that young persons affected by armed conflict are cared for by NGOs.

In its report, the Government indicates that information has been requested from the National Reparations Programme and will be sent as soon as it is available. The Committee also notes that the Committee on the Rights of the Child, in its concluding observations of June 2007 (CRC/C/OPAC/GTM/CO/1, paragraph 20), expressed concern that the work of the National Commission for the Search for Disappeared Children and the National Reparations Programme had been slow and inefficient mainly due to the inadequate budget allocated for the implementation of reparation measures, in particular for rehabilitation, compensation, physical and psychological recovery and social reintegration of children who have been involved in hostilities. The Committee is very concerned at the high number of children who have been affected by the armed conflict in the country and observes that the risk of them becoming engaged in the worst forms of child labour is high. The Committee requests the Government to take time-bound measures to protect children who have been affected by the armed conflict and ensure their rehabilitation and social integration. It requests the Government to provide information in this regard.

2. Child domestic workers. Referring to its previous comments, the Committee notes the information provided by the Government on the measures taken in the context of the implementation of a project for the care of children and young persons engaged in domestic work in the towns of Chichicastenango and Santa Cruz del Quiché. According to the Government, the project has allowed more than 110 children and young persons who were working as domestic workers to be reintegrated into the school system. Furthermore, the economic alternatives which have been offered to parents of children who were working have stopped their return to work. The Committee notes that, according the information provided by the Government, a plan of action on the prevention and elimination of child domestic labour has been adopted. The Committee requests the Government to provide information on the time-bound measures taken in the context of this plan of action to protect children who are engaged in domestic work against the worst forms of child labour, to remove them from that labour and to provide the necessary and appropriate direct assistance for their rehabilitation and social integration.

Clause (d). Children at special risk. 1. Children living in the streets. The Committee previously noted that, in 2007, the Government intended to establish a national database system on boys, girls and young persons in the streets; develop a system for preventing children from living in the streets and implement specialized support programmes for street children, including programmes of assistance for their rehabilitation and social, educational and family integration. The Committee notes the Government’s indication that the Congress of the Republic is currently examining two proposed laws, one on the full development of young persons and the other regulating protection centres and shelters for children and young persons. The Committee requests the Government to provide information on the measures that it was to take in 2007, namely: the establishment of a national database system on street children; the development of a system for preventing children from living in the streets; and the implementation of specialized support programmes for street children, in particular with regard to the protection of children living in the streets from the worst forms of child labour, as well as on their rehabilitation and social integration. It also requests the Government to provide information on the work carried out to adopt the two proposed laws mentioned above.

2. Indigenous children. In its previous comments, the Committee noted that, according to a report of the Economic and Social Council of February 2003 (E/CN.4/2003/90/Add.2, paragraphs 54 and 55), access to education and school attendance for indigenous children are problematic and there is an enormous disparity compared with non-indigenous children. It also notes the Government’s indication that it is participating in an ILO/IPEC project on the prevention of domestic work by indigenous children.

The Committee notes that, according to the Education for All Global Monitoring Report of 2008, published by UNESCO and entitled Education for All by 2015: Will we make it? there are disparities in the rates of school enrolment and attendance with regard to indigenous children. It also notes that, according to a study conducted by the ILO/IPEC. In cooperation with the Ministry of External Affairs and Cooperation, the rate of enrolment at primary school level of indigenous children is relatively low compared to that of non-indigenous children, particularly with regard to girls. The Committee takes due note of the information provided by the Government on the implementation of the programme of action on the prevention of child domestic labour by indigenous peoples in Comitancillo, in the department of San Marcos. It notes, in particular, that this programme of action has allowed the integration into the school system of 250 girls and boys and 50 young persons and of 235 girls and young persons at risk of migrating to be engaged in domestic labour. The Committee notes finally that, according to a report by the ILO/IPEC of June 2008 on the project entitled “Elimination of Child Labour in Latin America: Phase III”, the Government has adopted a plan on education (2008–12), which has the strategic goal of increasing and facilitating access to quality education for all, particularly for children from vulnerable groups. The Committee notes that the children of indigenous peoples are often victims of exploitation, which may take on very diverse forms, and are a population at risk of becoming engaged in the worst forms of child labour. It requests the Government to provide information on the time-bound measures taken in the context of the implementation of the plan on education (2008–12), to guarantee access to the education system for children of indigenous peoples, taking into account girls in particular, and to reduce the disparity in the rates of school enrolment and attendance with regard to indigenous peoples. It requests the Government to provide information on the results achieved.

Article 8. Poverty reduction. The Committee previously noted the information contained in the Government’s second periodic report submitted to the Committee on the Rights of the Child in March 2000 (CRC/C/65/Add.10, paragraphs 10 and 238), according to which a high number of children of both sexes are compelled to work owing to the poverty and extreme poverty suffered by the vast majority of families. The Government also indicated that the poverty and extreme poverty in which thousands of families live, in combination with other social and political factors, have had an adverse impact on children’s quality of life and led to an increase in the number of children and young persons who are particularly vulnerable, such as those working in the formal and informal economies, those involved in marginal income-generating work, street children and child victims of armed conflict. The Committee requested the Government to provide information on the measures adopted or envisaged to combat poverty. The Committee notes that the Government does not provide any information on this matter. Noting that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential to the elimination of the worst forms of child labour, the Committee requests the Government to take measures to reduce poverty effectively among children who are victims of the worst forms of child labour. It requests the Government to provide information in this regard.

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Article 3, paragraph (a), of the Convention and Part III of the report form. Sale and trafficking of children for commercial sexual exploitation and court decisions. In its previous comments, the Committee noted the comments made by the International Confederation of Free Trade Unions, now the International Trade Union Confederation (ITUC), reporting the problem of trafficking of persons for prostitution in Guatemala, of whom the majority of child victims were from neighbouring countries and particularly from the border regions with Mexico and El Salvador. The Committee also noted the comments made by the Trade Union Confederation of Guatemala (UNSITRAGUA) according to which many girls and boys who are victims of trafficking for sexual exploitation are from neighbouring countries. Finally, it noted that section 194 of the Penal Code prohibits the trafficking of persons, including minors, for exploitation, prostitution, pornography or any other form of sexual exploitation.

The Committee notes that the Committee on the Rights of the Child, in its concluding observations on the Government’s initial report on the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography of July 2007 (CRC/C/OPSC/GTM/CO/1, paragraphs 8, 12 and 22) expressed concern at the increasing incidence of commercial sexual exploitation of children and the high number of victims in the country, estimated by the Government at 15,000 victims. The Committee on the Rights of the Child also noted reports that child victims are penalized and institutionalized during prolonged periods awaiting decisions in their cases. The Committee also notes that, according to a Trafficking in Persons Report of 2008, available on the UNHCR web site (www.unhcr.org), trafficking in persons is a significant and growing problem in the country. Guatemala is a source, transit and destination country. According to this report, Guatemalan children are victims of internal trafficking for commercial sexual exploitation or cross-border trafficking to Mexico or the United States for the same purpose. Furthermore, the border areas with Mexico and Belize remain a top concern due to the heavy flow of undocumented migrants, many of whom fall victims to traffickers. The report also indicates that Guatemala is a destination country for victims of trafficking for sexual exploitation from El Salvador, Honduras and Nicaragua.

In its report, the Government indicates that, since November 2007, the Trafficking in Persons Unit has conducted a number of investigations relating to commercial sexual exploitation. These investigations have led to 37 prosecutions for trafficking in persons. The Committee also notes that, according to the information contained in the ILO/IPEC report of September 2008 on the regional project entitled “Stopping exploitation: Contribution to the prevention and elimination of the commercial sexual exploitation of children in Central America, Panama and the Dominican Republic” (the project on the prevention and elimination of the commercial sexual exploitation of children), an initiative for the adoption of a law against violence, exploitation and trafficking for the purposes of sexual exploitation was submitted to the Congress of the Republic in August 2008. Furthermore, according to the information contained in the ILO/IPEC report of September 2008, one person has been sentenced for the trafficking of children and 16 cases are in the process of being investigated. Finally, according to this report, the reform of the Penal Code is still under way.

The Committee notes the measures taken by the Government, particularly those of a legislative nature, against the sale and trafficking of children for commercial sexual exploitation. However, it is very concerned that concordant information from various sources confirm the persistence of the problem in the country, which seems to be of considerable magnitude. The Committee also expresses concern at the practice which exists of punishing child victims of trafficking or institutionalizing them for long periods. The Committee therefore urges the Government to take immediate and effective measures to ensure the protection of children under 18 years of age against sale and trafficking for sexual exploitation. In this regard, it requests the Government to provide information on the application in practice of the provisions of the Penal Code prohibiting the sale and trafficking of children for sexual exploitation, by providing, in particular, statistics on convictions and the penal sanctions imposed. Furthermore, taking into account the information that investigations are conducted and individuals are prosecuted, the Committee requests the Government to provide the court decisions handed down. Finally, it requests the Government to provide a copy of the law against violence, exploitation and trafficking for sexual purposes and of the amended Penal Code as soon as they have been adopted.

Article 5. Monitoring mechanisms. The Committee takes due note that, according to the information contained in the ILO/IPEC report of September 2008 on the project to prevent and eliminate the commercial sexual exploitation of children, awareness-raising and training activities on commercial sexual exploitation and the sale and trafficking to that end have been organized for judges, local authorities and police forces.

Article 6. Programmes of action. National Plan of Action to combat the commercial sexual exploitation of children. Referring to its previous comments, the Committee notes that, according to the information contained in the ILO/IPEC report of September 2008 on the project on the prevention and elimination of the commercial sexual exploitation of children, the National Plan of Action to combat the commercial sexual exploitation of children is to be revised. The Committee requests the Government to provide a copy of the new Plan of Action and information on the programmes of action which will be adopted in the context of its implementation.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes that, according to the information contained in the ILO/IPEC report of September 2008 on the project on the prevention and elimination of the commercial sexual exploitation of children, of the total of 2,573 children who have benefitted from the project in the participating countries, 1,409 have been prevented from becoming victims of trafficking or commercial sexual exploitation and 1,164 have been removed from this worst form of child labour.

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. 1. Regional project on the prevention and elimination of the commercial sexual exploitation of children. Referring to its previous comments, the Committee notes with interest that, according to the information contained in the ILO/IPEC report of September 2008 on the project for the prevention and elimination of the commercial sexual exploitation of children, between March and April 2008, of a total of 84 children who benefited from the project, 30 were prevented from becoming victims of commercial sexual exploitation or trafficking to that end and 54 were removed from these worst forms of labour. The Committee also notes that these children have either been reintegrated into the formal or informal school system or have received other training.

The Committee takes due note of the information provided by the Government that a public policy against the trafficking of persons and for the full protection of the victims and a National Plan of Strategic Action
(2007–17) were adopted in 2007. According to the Government, this public policy and the National Plan aim to provide for immediate and full protection of the victims, namely medical and psychological care and reintegration into the family and society. The Committee requests the Government to provide information on the time-bound measures taken in the context of the implementation of the ILO/IPEC regional project for the prevention and elimination of the commercial sexual exploitation of children and on the results achieved to: (a) prevent children from becoming victims of commercial sexual exploitation or trafficking for that purpose; and (b) provide the necessary and appropriate direct assistance to remove the child victims from these worst forms of child labour. With regard to the public policy against the trafficking of persons and for the full protection of the victims and the National Plan of Strategic Action (2007–17), the Committee requests the Government to provide information on the specific time-bound measures taken in the context of their implementation, to ensure the rehabilitation and social integration of the child victims removed from these worst forms of labour.

2. Tourist activities. In its previous comments, the Committee asked the Government to provide information on the measures taken to raise the awareness of the actors directly involved in the tourist industry. The Committee notes the Government’s indication that the Guatemalan Institute of Tourism (INGUAT) has undertaken to promote, at the national scale, a process of training and awareness raising of the tourist industry for the years 2007–10 to prevent the formation of trafficking networks, particularly for commercial sexual exploitation, and to detect their activities. It also notes the Government’s indication that the Global Code of Ethics for Tourism is promoted in the country and, in 2008, a plan of action to implement the Code of Conduct for the tourism sector for the protection of children against commercial sexual exploitation will be devised. The Committee takes due note of the measures taken by the Government to raise the awareness of the actors directly involved in the tourist industry and urges it to continue its efforts in that regard.

Article 8. International cooperation. Trafficking of children for commercial sexual exploitation. The Committee previously noted that, in the context of the implementation of the public policy and National Plan of Action for Childhood (2004–15), the Government planned to adopt measures 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.

The Committee notes the statistics provided by the Government according to which, for the year 2000, 1,981 children travelling with their parents were recorded in the register of migrant workers of the labour migration office of the village of El Carmen and, between January and July 2008, 1,290 were recorded. It takes due note of the Government’s indication that a new labour migration office will open in the town of Tecún Umán. The Committee notes that the National Protocol for the repatriation of boys, girls and young persons who are victims of trafficking was adopted in 2007. Furthermore, a document has been adopted on the regional directives for the special protection for returning boys, girls and young persons who have been victims of trafficking (regional directives for the special protection of returning victims of trafficking), the purpose of which is to promote cooperation between member countries of the Regional Conference on Migration.

The Committee notes, however, that the Committee on the Rights of the Child, in its concluding observations of July 2007 (CRC/C/OPSC/GTM/CO/1, paragraph 29), while recognizing the existence of relevant memorandums of understanding with neighbouring countries of Guatemala, expressed concern that undocumented foreign children, including victims of trafficking, are subject to deportation and must leave the country within 72 hours. The Committee is also concerned at this situation and expresses the firm hope that the implementation of the National Protocol for the repatriation of boys, girls and young persons who have been victims of trafficking and of the regional directives for the special protection for returning victims of trafficking will allow this situation to be remedied. In this regard, it requests the Government to provide information on 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.

Furthermore, the Committee is also addressing a direct request to the Government concerning other points.

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The Committee takes due note of the detailed information provided by the Government in its report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). The sale and trafficking of children for economic exploitation. With reference to its previous comments, the Committee notes with interest that section 194 of the Penal Code, as amended by Decree No. 14-2005 of 3 February 2005 reforming section 194 of the Penal Code (Decree No. 14-2005 of 3 February 2005), establishes penalties for the sale and trafficking of persons, including minors, for economic exploitation.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that the national legislation does not contain a provision prohibiting the use, procuring or offering of a person under 18 years of age for the production of pornography or for pornographic performances. It requested the Government to indicate the measures adopted or envisaged with a view to prohibiting and penalizing this worst form of child labour. The Committee notes that section 194 of the Penal Code prohibits and penalizes the trafficking of persons, including minors, for the purposes of prostitution. It also notes the Government’s indication that a Bill to reform the Penal Code to criminalize the production of pornography using children and young persons is being examined by the Congress. The Committee requests the Government to provide information on any progress achieved in this respect.

Clause (c). Use, procuring or offering of a child for illicit activities. With reference to its previous comments, the Committee notes with interest the Government’s indication that section 7(1)(f) of Government Agreement No. 250‑2006 issuing regulations on the application of Convention No. 182 of the International Labour Organization on the worst forms of child labour and immediate action for their elimination (the Regulations on the application of Convention No. 182) prohibits this worst form of child labour.

Clause (d). Hazardous types of work. The Committee notes with interest that section 32 of Government Agreement No. 112-2006 of 7 March 2006 issuing the Regulations for the protection of children and young persons at work (the Regulations for 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.

Article 4, paragraph 1. Determination of hazardous types of work. The Committee notes with interest that section 7 of the Regulations on the application of Convention No. 182 contains a detailed list of hazardous types of work prohibited for young persons under 18 years of age.

Article 5. Monitoring mechanisms. Unit for the Protection of Young Workers. With reference to its previous comments, the Committee notes the information provided by the Government that the Unit for the Protection of Young Workers and the Special Labour Inspection Unit are formulating, in collaboration with UNICEF, a project relating to denunciations and the procedure for inspections of workplaces to ensure protection for young persons under 18 years of age. It requests the Government to provide information on the denunciation procedure that is to be introduced.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the information provided by the Government that it has established a Technical Committee against Child Domestic Work. It requests the Government to provide information on the practical measures adopted by the above Committee to combat child domestic work.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Programme for the elimination of child labour in the coffee industry in San Marcos. With reference to its previous comments, the Committee notes the information provided by the Government on the results achieved through the implementation of this programme. It notes in particular that 22 communities have been covered by the programme and that both Guatemalan children and their families and migrants have also benefited from the programme.

Clause (b). Assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. 1. Children affected by armed conflict. In its previous comments, the Committee noted that, in its second periodic report to the Committee on the Rights of the Child in March 2000 (CRC/C/65/Add.10, paragraphs 240 and 241), the Government indicated that children and young persons were affected in a variety of ways by the armed conflict which had lasted approximately 40 years. According to official estimates, there were 200,000 orphans and 40,000 widows. Moreover, 200,000 people were estimated to have taken refuge abroad, particularly in Mexico, and over 1 million had been internally displaced. According to the Government, all these factors had a direct impact on physical, mental and emotional health, the access of children to education, family cohesion and relationships and the preservation of the identity of thousands of children, particularly indigenous children. The Committee requested the Government to provide information on the measures adopted to secure the rehabilitation and social integration of children and young persons affected in various ways by the armed conflict. The Committee notes the information provided by the Government to the effect that young persons affected by armed conflict are cared for by NGOs. It once again requests the Government to indicate the measures adopted to secure the rehabilitation and social integration of children and young persons who have been affected in various ways by the armed conflict.

2. Programme for the elimination of child labour in the production of broccoli in Chilascó, Baja Verapaz Guatemala. With reference to its previous comments, the Committee takes due note of the information provided by the Government on the implementation of this programme and the results achieved. As a result, over 250 families have improved their income and the population as a whole has benefited from the installation.

3. Peace grants. In its previous comments, the Committee noted the information provided by the Government that, with the assistance of ILO/IPEC, Guatemala is a beneficiary of the programme of “peace grants”, through which the Government makes it possible for children engaged in hazardous types of work to attend school. It requested the Government to provide detailed information on the “peace grants” programme. The Committee notes the information provided by the Government that over 50 schools and ten municipal areas, in four departments, have benefited from 10,000 grants.

Clause (d). Children at special risk. 1. Children living in the streets. The Committee noted previously that the Government had prepared a “National Plan for the protection of boys, girls and young persons in the street”. It also noted that, according to a document entitled “Public Policy and National Plan of Action for Childhood (2004-15)”, the Government envisaged evaluating the results achieved by the National Plan with a view to adapting the action taken. It also noted that, in 2007, the Government planned to: establish a national database system for boys, girls and young persons in the street; develop a system with the objective of preventing children from living in the streets; and implementing specialized support programmes for street children, including programmes of assistance for their rehabilitation and social, educational and family integration. The Committee requested the Government to provide information on the implementation of the “National Plan for the protection of boys, girls and young persons in the street” and the “Public Policy and National Plan of Action for Childhood (2004-15)” and the results achieved, particularly in relation to the protection of children living in the streets from the worst forms of child labour. Noting the absence of information in the Government’s report, the Committee once again requests it to provide information on the implementation of the “National Plan for the protection of boys, girls and young persons in the street” and the “Public Policy and National Plan of Action for Childhood (2004-15)” and the results achieved, particularly in relation to the protection of children living in the streets from the worst forms of child labour and their rehabilitation and social integration.

2. Indigenous children. The Committee notes that, according to the report of the Economic and Social Council (E/CN.4/2003/90/Add.2, of 24 February 2003, paragraphs 54 and 55), although public investment in education has grown in the years following the signing of the Peace Agreements, the figures for education and school attendance for indigenous children are problematic and show an enormous disparity compared with non-indigenous children. The Committee also notes the Government’s indication that it is participating in an ILO/IPEC project on the prevention of domestic work by indigenous children. The Committee requests the Government to take the necessary measures to ensure that indigenous children are not engaged in the worst forms of child labour and to provide the necessary and appropriate direct assistance for their removal from these forms of work and for their rehabilitation and social integration. It requests the Government to provide information on the results achieved through the implementation of the ILO/IPEC project on the prevention of domestic work by indigenous children.

Clause (e). Special situation of girls. In its previous comments, the Committee noted that, according to the report entitled “Understanding child labour in Guatemala”, published in September 2003 by ILO/IPEC, a fairly high number of girls are engaged in work. It requested the Government to indicate the manner in which it intended to accord special attention to the situation of girls and remove them from the worst forms of child labour. The Committee notes the information provided by the Government that educational grants have been awarded to girls. According to the Government, between 1994 and 2006, over 73,300 such grants were awarded. The Committee requests the Government to pursue its efforts to prevent girls from being engaged in the worst forms of child labour and to remove them from these forms of child labour.

Article 8. Poverty reduction. The Committee previously noted the information provided by the Government in its second periodic report submitted to the Committee on the Rights of the Child in March 2000 (CRC/C/65/Add.10, paragraphs 10 and 238), according to which a high number of children of both sexes are compelled to work owing to the poverty and extreme poverty suffered by the vast majority of families. The Government also indicated that the poverty and extreme poverty in which thousands of families live, in combination with other social and political factors, have had an adverse impact on children’s quality of life and led to an increase in the number of children and young persons who are particularly vulnerable, such as those working in the formal and informal economies, those involved in marginal income-generating work, street children and child victims of armed conflict. In its Concluding Observations on the second periodic report of Guatemala in July 2001 (CRC/C/15/Add.154, paragraph 15), the Committee on the Rights of the Child encouraged the Government to strengthen its efforts to reduce poverty among children and to identify clearly its priorities with respect to child rights issues in order to ensure that funds are allocated “to the maximum extent of […] available resources and, where needed, within the framework of international cooperation” for the full implementation of the economic, social and cultural rights of children, in particular with respect to local governments and for children belonging to the most vulnerable groups in society. The Committee requests the Government to provide information on the measures adopted or envisaged in this respect.

Parts IV and V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted that, according to the report entitled “Understanding child labour in Guatemala”, published in September 2003 by ILO/IPEC, a large number of children work in activities such as domestic work, agriculture, the production of fireworks, mining and quarries and rubbish collection. The Committee noted that the statistics and data contained in the report did not specifically cover the worst forms of child labour. It also noted that, according to the document “Hazardous work by children and young persons: Identification, location and definition – The worst forms of child labour in Guatemala”, a study on the worst forms of child labour was due to be carried out so as to establish an overview of these types of work and to identify the socio-economic context, cultural attitudes and causes of the existence of the worst forms of child labour. The Committee requested the Government to provide information on the findings of this study. Noting the absence of information in the Government’s report, the Committee requests it once again to provide information on the nature, extent and trends of the worst forms of child labour, statistics on the number of children covered by the measures giving effect to the Convention and on the number and nature of infringements, investigations, prosecutions, convictions and the penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.

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The Committee notes the information provided by the Government in reply to the comments made by the Trade Union Confederation of Guatemala (UNSITRAGUA) in 2004. It also notes the detailed information provided by the Government in reply to the general observation on the trafficking of children for economic and sexual exploitation made by the Committee in 2004. In this respect, the Committee notes that, in addition to legislative measures, the Government has undertaken awareness-raising campaigns for the population, adopted administrative measures and established regional cooperation programmes with other Central American countries, and particularly Mexico, with a view to eliminating this problem.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children for commercial sexual exploitation. In its previous comments, the Committee noted the observations made by the International Confederation of Free Trade Unions (ICFTU) reporting the problem in the country of the trafficking of persons, including children, for prostitution. The majority of child victims of trafficking are from neighbouring countries, and particularly from border regions with Mexico and El Salvador. The Committee also noted the observations of UNSITRAGUA according to which many boys and girls who are victims of trafficking are from neighbouring countries and are used for sexual exploitation, including prostitution. According to UNSITRAGUA, this practice is facilitated by the absence of adequate controls resulting from the lack of regulation. The Committee noted that previously, 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 indicated that several cases of the sale of children for prostitution had been reported to her. Moreover, state officials had also informed her that children from El Salvador, Honduras, Mexico and Nicaragua were engaged in prostitution in Guatemala, and that Guatemalan children go to those countries for the same reason. The Committee noted that sections 188-190 and 194 of the Penal Code contain provisions prohibiting and penalizing prostitution, the corruption of minors and trafficking for the purposes of prostitution. It requested the Government to provide information on the application of these prohibitions and penalties in practice.

The Committee notes the information provided by the Government on violations and convictions. In this respect, it notes that, according to the information provided by the Government and that available to the Office, one of the problems encountered in Guatemala in combating the commercial sexual exploitation of children is the effective enforcement of the national legislation, as difficulties are often experienced in dealing with these offences, particularly in view of the inadequacy of the legislation. The Committee notes with satisfaction that section 194 of the Penal Code, as amended by Decree No. 14-2005 of 3 February 2005 amending section 194 of the Penal Code [Decree No. 14-2005 of 3 February 2005], prohibits the trafficking of persons, including minors, for exploitation, prostitution, pornography or any other form of sexual exploitation and establishes penalties of between six and 12 years’ imprisonment for any person found guilty of this offence. The Committee notes the information provided by the Government that Congress is currently examining a draft reform of the Penal Code criminalizing commercial sexual exploitation. The Committee notes that, although the Government has taken measures to combat this worst form of child labour, the problem still exists in practice. It observes that the difficulties encountered arise from the fact that the national legislation is not effectively enforced.

The Committee considers that this reform of the Penal Code will improve the protection in relation to the commercial sexual exploitation of children and trafficking for this purpose that is already established by the current legislation in force in the country. It once again encourages the Government to redouble its efforts to ensure the protection of young persons under 18 years of age against sale and trafficking for sexual exploitation. Noting that 60 convictions were obtained in 2004 and 2005, the Committee requests the Government to provide precise information on the effect given to section 194 of the Penal Code in practice including, for instance, reports on the number and nature of the infringements reported, investigations undertaken, charges brought, convictions and penalties applied.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1.  National Plan of Action to combat the commercial sexual exploitation of children. With reference to its previous comments, the Committee notes the information provided by the Government that it is currently evaluating the measures taken in the context of the “National Plan of Action to combat the commercial sexual exploitation of girls, boys and young persons in Guatemala” and the results achieved with a view to formulating a new plan. The Committee requests the Government to provide a copy of the new plan of action to combat the commercial sexual exploitation of girls, boys and young persons in Guatemala and to supply information on its implementation.

2. ILO/IPEC projects. The Committee notes that the Government is participating in over 13 ILO/IPEC projects concerning the commercial sexual exploitation of children. It requests the Government to provide information on the measures taken in the context of the implementation of these projects to eliminate this worst form of child labour and the results achieved.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes with interest that, in the context of the ILO/IPEC regional project entitled “Participation in preventing and eliminating the commercial sexual exploitation of children in Central America, Panama and the Dominican Republic”, in which Guatemala is participating, as well as Belize, Costa Rica, El Salvador, Honduras and Nicaragua, around 850 children at high risk of this worst form of child labour will be prevented from being engaged in it and over 870 children will be withdrawn from it. The Committee also notes that the project will benefit over 15,000 persons, including the family members concerned.

Clauses (a) and (b). Preventing the engagement of children and removing them from the worst forms of child labour. 1. Regional project on the prevention and elimination of the commercial sexual exploitation of children. The Committee notes that, in the context of the ILO/IPEC regional project on the prevention and elimination of the commercial sexual exploitation of children in Central America, Panama and the Dominican Republic, care has been provided to over 195 children and young persons who are victims of commercial sexual exploitation and over 145 have been removed from this worst form of child labour in Guatemala. It also notes that, according to the information available to the Office, by the end of the project, over 540 children will have been prevented from being engaged in this worst form of child labour or will be removed from it in Guatemala. The Committee requests the Government to provide information on the implementation of the ILO/IPEC regional project and on the results achieved in terms of: (a) preventing children from becoming victims of sexual exploitation or trafficking for that purpose; and (b) providing the necessary and appropriate direct assistance for the removal of children from these worst forms of child labour and for their rehabilitation and social integration. It also once again requests the Government to provide information on the economic alternatives provided.

2. Other measures. (i) Measures adopted. The Committee takes due note of the many preventive measures adopted with a view to preventing children from becoming victims of trafficking for commercial sexual exploitation. In particular, it notes the following measures: (i) the preparation of training materials, including a manual for police officers and officials in the migration services on the procedure for identifying victims of trafficking and the measures to be adopted; (ii) a training seminar for state officials on the commercial sexual exploitation of children; and (iii) awareness-raising campaigns for the population.

(ii) Measures to be taken. In its previous comments, the Committee noted the Government’s indication that it intended to establish a national database system on the sexual exploitation of children in 2007. It notes that the ILO/IPEC regional project envisages the strengthening of national institutional capacities. The Committee considers that collaboration and the exchange of information between the various actors concerned with the commercial sexual exploitation of children at the national and local levels, such as governmental organizations, employers’ and workers’ organizations, non-governmental organizations and other civil society organizations is an essential measure for preventing and eliminating commercial sexual exploitation. It requests the Government to provide information on the measures adopted for this purpose. As the country benefits from a certain level of tourism, the Committee also requests the Government to indicate whether measures have been adopted to raise the awareness of the actors directly involved in the tourist industry, such as associations of hotel owners, tourist operators, associations of taxi drivers and owners of bars, restaurants and their employees.

Article 8. International cooperation. Commercial sexual exploitation. In its previous comments, the Committee noted that, in the context of the implementation of the Public Policy and National Plan of Action for Childhood (2004-15), the Government planned to adopt measures 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. In this respect, the Committee notes with interest the information provided by the Government that, since June 2005, a register has been established for migrant men and women workers from the south of Chiapas by a working group set up by the Governments of Mexico and Guatemala. It notes that the coordination of this register is carried out by the border offices of the Ministry of Labour and Social Insurance, delegations of the General Directorate of Migration and the Guatemalan Consulate in Chiapas. The Committee also notes that the adoption of a regional protocol on the procedure for the repatriation of the victims of trafficking is currently being examined. The Committee is of the view that international cooperation between law enforcement agencies, particularly the judicial authorities and police forces, is indispensable to prevent and combat the trafficking of children, through the collection and exchange of information, and through assistance to detect and prosecute the individuals involved and to repatriate victims. It requests the Government to provide information on the register for men and women migrant workers from the south of Chiapas in relation to the protection of young persons under 18 years of age against trafficking. It also requests the Government to provide information on the measures adopted with other countries participating in the ILO/IPEC project, including Belize, El Salvador and Honduras, to protect young persons under 18 years of age from becoming victims of trafficking and to remove them from this worst form of child labour, such as increasing the numbers of police officers on land, sea and air borders, the establishment of common patrols along territorial frontiers and the opening of transit centres on the borders with neighbouring countries.

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

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The Committee notes the Government’s first and second reports. It notes with interest that the Government adopted the Act on the integral protection of childhood and adolescence in 2003. It requests the Government to provide information on the following matters.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes with interest that on 25 November 2002 the Government renewed the Memorandum of Understanding (MOU) with ILO/IPEC. The Committee also notes that the National Commission for the Elimination of Child Labour and the Protection of Young Workers is currently drawing up a "Strategic Plan for the elimination of the worst forms of child labour in Guatemala (2004-06)", a copy of the draft of which was provided to the Office. The Committee requests the Government to provide information on any progress achieved in the adoption of this Plan.

Article 3. Worst forms of child labour. The Committee notes the draft reform of the Labour Code transmitted by the Government, which has been submitted to the legislative authorities for adoption. In this respect, it notes with interest that the draft reform of the Labour Code prohibits young persons under 18 years of age from being engaged in types of hazardous work and in the worst forms of child labour. The Committee requests the Government to provide information on developments in this respect.

Clause (a). 1. Sale and trafficking of children for economic exploitation. The Committee notes that section 194 of the Penal Code establishes a penalty for any person who, in any manner whatsoever, facilitates, encourages or causes the entry or removal from the country of women and men for the purposes of prostitution. Noting that section 194 of the Penal Code concerns the sale and trafficking of persons for the purposes of sexual exploitation, the Committee reminds the Government that Article 3(a) of the Convention also covers the sale and trafficking of young persons under 18 years of age for the purposes of economic exploitation. It notes that the national legislation does not appear to contain a provision prohibiting this form of exploitation. It therefore requests the Government to provide information on the measures adopted or envisaged to secure the prohibition of the sale and trafficking of young persons under 18 years of age for the purposes of economic exploitation.

2. Slavery, debt bondage, serfdom and forced or compulsory labour. The Committee notes the Government’s indication that no case of slavery or similar practices has been reported in the country. It also notes that under Article 4 of the Constitution, no person may be subjected to servitude or any other condition infringing her or his dignity.

3. Forced or compulsory recruitment of children for use in armed conflict. In May 2002, Guatemala ratified the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict. Section 57 of the Act of 2003 on the integral protection of childhood and adolescence provides that in the event of armed conflict, boys, girls and young persons have the right not to be recruited and that the State shall secure compliance with the standards of applicable international humanitarian law. The State shall take all possible measures to ensure that persons under 18 years of age do not participate directly in hostilities and are not at any time recruited for military service. While noting this information, the Committee however observes that the national legislation does not appear to contain a provision implementing section 57. It requests the Government to provide information on the manner in which section 57 of the Act on the integral protection of childhood and adolescence is applied in practice.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that section 188 of the Penal Code establishes a penalty for any person who, in any manner whatsoever, facilitates, encourages or causes the prostitution or sexual corruption of a minor, even if the victim consents to participate in sexual acts or to witness their performance. Section 190 of the Penal Code provides that any person who, by means of a promise or agreement, even when lawful in appearance, promotes or occasions the prostitution or sexual corruption of a minor is liable to be penalized. Furthermore, under section 191 of the Penal Code, any person who with a view to gain or with the intention of satisfying the desires of another person, facilitates, encourages or causes prostitution, without distinction as to sex, is liable to a fine. Under the terms of section 192(1) of the Penal Code, the penalty established for the crime of procuring is aggravated if the victim is a minor.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that the national legislation does not appear to contain a provision prohibiting the use, procuring or offering of a person under 18 years of age for the production of pornography or for pornographic performances. The Committee therefore requests the Government to indicate the measures adopted or envisaged with a view to prohibiting any person from using, procuring or offering young persons under 18 years of age for the production of pornography or for pornographic performances, in accordance with Article 3(c) of the Convention. It also requests the Government to adopt provisions establishing appropriate penalties in this respect. In this regard, the Committee draws the Government’s attention to its obligation under Article 1 (read with Article 3(a)) to take immediate measures to secure the prohibition of this form of child labour.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that the national legislation does not appear to contain a provision prohibiting the use, procuring or offering of a young person under 18 years of age for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties. It reminds the Government that, under the terms of Article 1 of the Convention, each Member which ratifies it shall 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 therefore requests the Government to indicate the measures adopted or envisaged to secure the prohibition and elimination of the use, procuring or offering of a young person under 18 years of age for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties, in accordance with Article 3(c) of the Convention.

Article 3(d) and Article 4, paragraph 1. Types of hazardous work and the determination of the list of types of hazardous work. The Committee notes that section 148 of the Labour Code prohibits work by minors: (a) in unhealthy and hazardous places, as determined by regulation or by the labour inspection services; (c) at night and for the performance of additional hours; and (d) in kiosks or other similar establishments selling alcoholic beverages. The Committee notes with interest that, following multi-sectoral consultations, the Government has determined a detailed list of 29 types of hazardous work.

Article 4, paragraph 2. Identification of where types of hazardous work exist. The Committee notes the information provided by the Government that the rapid assessments undertaken by ILO/IPEC have made it possible to identify the existence of the worst forms of child labour in certain departments of the country. For example, children are reported to be used in: stone cutting in Retalhuleu; quarries in Progreso and Huehuetenango; lime preparation in Huehuetenango; rubbish collection and the handling of explosives in the department of Guatemala; and the handling of explosives in the municipality of San Raymundo and San Pedro Sacatepéquez. Furthermore, the Committee notes with interest that, according to the document "Hazardous work by children and young persons: Identification, location and definition - The worst forms of child labour in Guatemala", the Government has identified the geographical areas in which children employed in the 29 types of work determined as being hazardous are mainly to be found.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. 1. Labour inspection services. The Committee notes that sections 278 to 282 of the Labour Code cover the labour inspection system. In this respect, it notes that under section 278(1) of the Labour Code, the labour inspectorate, through its inspectors and social workers, shall secure the application and compliance with the legislation and collective agreements that are in force governing conditions of work and social security. Section 281 of the Labour Code establishes the responsibilities and rights of labour inspectors and social workers. Under the terms of this provision, labour inspectors and social workers may carry out inspections in any workplace whatsoever, at any hour of the day and night; examine the registers of employees and payslips; and examine the health conditions of workplaces. The Committee requests the Government to provide information on the activities of the labour inspection services, particularly with regard to the worst forms of child labour, by providing extracts of reports and documents. It also requests the Government to provide information on the consultations held with organizations of employers and workers in accordance with the provisions of this Article.

2. Unit for the Protection of Young Workers. The Committee notes the information provided by the Government that the Unit for the Protection of Young Workers of the Ministry of Labour and Social Security, established by the Act on the integral protection of childhood and adolescence (section 94), is one of the institutions which ensures the application of the provisions of the Convention. This Unit is entrusted with carrying out inspections to monitor the implementation and compliance with labour legislation, collective agreements and individual labour contracts and with developing internal and external institutional coordination mechanisms. The Committee requests the Government to provide information on the activities of the Unit for the Protection of Young Workers and on the measures adopted to establish an appropriate mechanism to monitor the implementation of the Convention. It also requests the Government to provide information on the outcome of the various inspections undertaken by the Unit in relation to the worst forms of child labour, particularly through extracts of reports or documents.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the "National Plan for the prevention and elimination of child labour and the protection of young workers (2001-2004)", which was developed following the consultations held from 1999 to 2001 by the Government with civil society. The National Plan principally covers ten departments in the country, namely, Quiché, Huehuetenango, Alta Verapaz, Totonicapán, Sololà, San Marcos, Izabal, Zacapa, Petén and Jalapa. The principal objective of the National Plan is to prevent and eliminate child labour, with emphasis on the immediate elimination of the worst forms of child labour and hazardous types of work. Its specific objectives are education, health, the promotion of adult employment, protection, research and social mobilization, as well as assistance and evaluation. The Committee requests the Government to provide information on the implementation of the "National Plan for the prevention and elimination of child labour and the protection of young workers (2001-2004)" and the results obtained.

Article 7, paragraph 1. Penalties. The Committee notes that section 188 of the Penal Code establishes a penalty of between two and six years of imprisonment for any person who is found guilty of causing the prostitution or sexual corruption of a young person. Section 190 of the Penal Code also establishes a penalty of from one to three years of imprisonment for any person found guilty of causing the prostitution or sexual corruption of a young person by means of a promise or agreement. Furthermore, under section 191 of the Penal Code, any person found guilty of procuring is liable to a fine of between 500 and 2,000 quetzales. Under the terms of section 192(1) of the Penal Code, the penalty laid down for the crime of procuring is aggravated where the victim was a young person. Finally, section 272 of the Labour Code provides for fines of between 1,500 and 5,000 quetzales for the violation of any of its provisions. The Committee requests the Government to provide information on the application of these penalties in practice.

Paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. 1. Programme for the elimination of child labour in the coffee industry in San Marcos. The Committee notes that this Programme covers 1,500 families, composed of 3,000 parents, 600 young persons of between 15 and 18 years of age and 4,000 children under 14 years of age. Under the Programme, some 7,170 children have benefited from the active education programme, 4,000 have received education grants and 1,400 have been prevented from working through the establishment of 35 pre-school teaching centres. The Committee requests the Government to continue providing information on the implementation of this Programme and on the results achieved.

2. Education. The Committee notes that, according to the report of January 2000 of the United Nations Special Rapporteur on the sale of children, child prostitution and child pornography (E/CN.4/2000/73/Add.2, paragraph 8), among persons aged 7 and above the literacy rate is around 60 per cent. However, in rural areas, 70 per cent of the population is illiterate, compared to 30 per cent in urban areas. Some 40 per cent of the indigenous population cannot read Spanish, the official language of the country. The Committee is of the view that education contributes to eliminating the worst forms of child labour. It requests the Government to provide information on the effective and time-bound measures taken to prevent the engagement of those children, and particularly children in urban areas and indigenous children, in the worst forms of child labour.

Clause (b). Assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. 1. Children affected by armed conflict. The Committee notes that, in its second periodic report to the Committee on the Rights of the Child in March 2000 (CRC/C/65/Add.10, paragraphs 240 and 241), the Government indicated that children and young persons were affected in a variety of ways by the armed conflict which lasted approximately 40 years. According to official estimates, there are 200,000 orphans and 40,000 widows, and during the most violent phase of the armed conflict, 73,000 children and young persons lived with their families in the mountains, surviving in resistance communities. The Government added that it was only in 1995 that it recognized the status of these groups as non-combatant civilians (Confregua). In addition, 200,000 people are thought to have taken refuge abroad, particularly in Mexico, and over 1 million were internally displaced. According to the Government, all these factors had a direct impact on physical, mental and emotional health, access to education, family cohesion and relationships, and the preservation of the identity of thousands of children, particularly indigenous children. The latter suffered in particular from forced recruitment (a practice that has fortunately now ceased), both into the ranks of the national armed forces and into the Civil Self-Defence Patrols (PAC) and the forces of the National Guatemalan Revolutionary Union (URNG). In its concluding observations in July 2001 (CRC/C/15/Add.154, paragraphs 48 and 49), the Committee on the Rights of the Child noted that the Government had launched an action plan for the psycho-social rehabilitation of children affected by the armed conflict based on a preventive programme with community participation. However, the Committee on the Rights of the Child expressed concern at the lack of professional staff prepared to work in these communities and at the insufficient number of services to meet the demand. It also noted with concern that a high number of children were internally displaced or forcibly disappeared during the armed conflict and that the Government did not investigate these disappearances effectively. The Committee on the Rights of the Child therefore recommended that the Government consider complying with the recommendations of the Truth Commission for a national reparation programme which would also cover children affected by the internal armed conflict and that it should investigate effectively all cases of children who were forcibly disappeared by allocating human and financial resources to and cooperating with the National Commission to search for disappeared children. The Committee on the Rights of the Child also recommended that the Government should strengthen its efforts to implement the Programme to support the resettlement of displaced groups and to ensure adequate protection to internally displaced children, with special attention to the problem of lack of identification papers. The Committee of Experts requests the Government to provide information on the measures adopted to follow up the recommendations of the Committee on the Rights of the Child, particularly with regard to measures to secure the rehabilitation and social integration of children and young persons affected in various ways by the armed conflict.

2. Programme for the elimination of child labour in the production of broccoli in Chilascó, Baja Verapaz Guatemala. The Committee notes that, according to the information available to the Office, children are engaged in agricultural work from the age of 5 years. Some of them share their time between school and work, while others are not able to attend school. Furthermore, most of those who divide their time between school and work finish school as of the first years of primary education so as to work full time. The Committee notes that direct action was undertaken in 2002 under the Programme with the Chilascó community. In particular, with a view to preventing boys and girls from being engaged at a very early stage in productive activities, measures were taken for them to attend school. The Committee requests the Government to provide information on the results of the "Programme for the elimination of child labour in the production of broccoli", with an indication of the number of children who benefited directly or indirectly from the Programme by being removed from types of hazardous work and reintegrated into school.

3. Peace grants. The Committee notes the information provided by the Government that, with the assistance of ILO/IPEC, Guatemala is a beneficiary of the programme of "peace grants", through which the Government makes it possible for children engaged in types of hazardous work to attend school. According to the information available to the ILO, the Government signed an agreement in January 2004 ensuring the extension of the programme for five years, which would benefit over 10,000 boys and girls who are in the process of being removed from work. The Committee requests the Government to provide detailed information on the "peace grants" programme, particularly with regard to the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration.

Clause (d). Children at special risk. Children living in the streets. The Committee notes that, in its concluding observations on the Government’s second periodic report in July 2001 (CRC/C/15/Add.154, paragraphs 54 and 55), the Committee on the Rights of the Child expressed concern at the significant number of children living in the streets and noted that assistance to these children is generally provided mainly by non-governmental organizations. The Committee on the Rights of the Child recommended the Government to expedite the adoption of a National Plan for the care of street children and to ensure that children living in the streets are provided with nutrition, clothing, housing, health care and education, including vocational and life-skills training, in order to support their full development. The Government was also encouraged to ensure that these children are provided with rehabilitation services following physical, sexual and substance abuse, protection from police brutality and services for reconciliation with their families. The Committee notes that the Government has prepared a "National Plan for the protection of boys, girls and young persons in the street". The Committee notes the document entitled "Public Policy and National Plan of Action for Childhood (2004-15)". According to this document, in 2005 the Government envisages evaluating the results achieved by the National Plan with a view to the adaptation of the action undertaken. Furthermore, in 2007 the Government plans to: establish a national database system for boys, girls and young persons in the street; develop a system with the objective of preventing children from living in the streets; and implementing specialized support programmes for street children, including programmes of assistance for their rehabilitation and social, educational and family integration. The Committee considers that children living in the streets are at special risk of the worst forms of child labour. It therefore requests the Government to provide information on the implementation of the "National Plan for the protection of boys, girls and young persons in the street" and the "Public Policy and National Plan of Action for Childhood (2004-2015)" and the results achieved, particularly in relation to the protection of children living in the streets from the worst forms of child labour and their rehabilitation and social integration.

Clause (e). Special situation of girls. According to the report entitled "Understanding child labour in Guatemala", published in September 2003 by ILO/IPEC, a fairly high number of girls are engaged in work. The Committee requests the Government to indicate the manner in which it intends to accord special attention to the situation of girls and remove them from the worst forms of child labour in the context of ILO programmes or the "National Plan for the prevention and elimination of child labour and the protection of young workers (2001-2004)".

Paragraph 3. Competent authority responsible for the implementation of the provisions giving effect to the Convention. The Government indicates that the National Commission for the Elimination of Child Labour, established by Government Agreement No. 347-2002, is one of the institutions which monitors the application of the provisions giving effect to the Convention. The National Commission is composed, among others, of the Ministry of Education, the Ministry of Public Health, the Ministry of Agriculture, Stock-raising and Food, the Ministry of Culture and Sports, the Secretariat of Social Assistance, a representative of the Coordinating Committee of Agricultural, Commercial, Industrial and Financial Associations (CACIF) and a representative of trade union federations. The National Commission is responsible, among other matters, for the implementation of the "National Plan for the prevention and elimination of child labour and the protection of young workers (2001-04)". The Committee requests the Government to provide information on the activities of the National Commission for the Elimination of Child Labour and to indicate whether it has established appropriate mechanisms to monitor the implementation of the provisions giving effect to the Convention.

Article 8. Enhanced international cooperation and/or assistance. The Committee notes that Guatemala is a member of Interpol, the organization which assists in cooperation between countries in the various regions, particularly to combat the trafficking of children. The Committee notes the information provided by the Government in its second periodic report submitted to the Committee on the Rights of the Child in March 2000 (CRC/C/65/Add.10, paragraphs 10 and 238), according to which a high number of children of both sexes are obliged to work owing to the poverty and extreme poverty suffered by the vast majority of families. The Government also indicated that the poverty and extreme poverty in which thousands of families live, in combination with other social and political factors, have had an adverse impact on children’s quality of life and led to an increase in the number of children and young persons who are particularly vulnerable, such as those working in the formal and informal economies, those involved in marginal income-generating work, street children and the child victims of armed conflict. In its concluding observations on the second periodic report of Guatemala in July 2001 (CRC/C/15/Add.154, paragraph 15), the Committee on the Rights of the Child encouraged the Government to strengthen its efforts to reduce poverty among children and to identify clearly its priorities with respect to child rights issues in order to ensure that funds are allocated "to the maximum extent of [...] available resources and, where needed, within the framework of international cooperation" for the full implementation of the economic, social and cultural rights of children, in particular with respect to local governments and for children belonging to the most vulnerable groups in society. The Committee on the Rights of the Child further recommended the Government to identify the amount and proportion of the budget spent on children at the national and local levels in order to evaluate the impact and effect of expenditures on children. The Government was also encouraged to seek international cooperation and technical assistance in this regard. The Committee of Experts requests the Government to provide information on the measures adopted or envisaged in this respect. The Committee also encourages the Government to cooperate with other countries and requests it to provide detailed information on enhanced international cooperation and/or assistance, including support for social and economic development, poverty eradication programmes and universal education.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes that, according to the report entitled "Understanding child labour in Guatemala", published in September 2003 by ILO/IPEC, a large number of children work in activities such as domestic work, agriculture, the production of fireworks, mining and quarries and rubbish collection. The Committee notes that the statistics and data contained in this report do not specifically cover the worst forms of child labour. It notes that, according to the document "Hazardous work by children and young persons: Identification, location and definition - The worst forms of child labour in Guatemala", a study on the worst forms of child labour should be carried out so as to establish an overview of these types of work and to identify the socio-economic context, cultural attitudes and the causes of the existence of the worst forms of child labour. This study would provide a basis for establishing fields of intervention and programmes of action. On the basis of this study, the Committee requests the Government to provide information on the nature, extent and trends of the worst forms of child labour, statistics on the number of children covered by the measures giving effect to the Convention and on the number and nature of infringements, investigations, prosecutions, convictions and the penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.

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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.