Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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

Other comments on C138

Observation

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The Committee notes the observations of the Coordinating Committee of Agricultural, Commercial, Industrial and Financial Associations (CACIF), forwarded by the Government with its report.

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee notes the information provided in the Government’s report on the adoption by the Ministry of Employment and Social Welfare of Ministerial Decision No. 260-2019 of 23 July 2019 approving the procedure for the effective application of ILO Convention No. 138. The Decision provides that the Protection Unit for Young Workers will coordinate action with the General Labour Inspectorate to monitor admission to employment for young persons, as well as regular inspection of the various sectors where there is a possibility of children being engaged in child labour (sections 3 and 5 of the Decision). The Committee also notes that the National Commission for the Prevention and Elimination of Child Labour (CONAPETI) was replaced in 2019 by the Thematic Round Table for the Prevention and Eradication of Child Labour in the Specific Social Development Cabinet, with the participation of the General Labour Inspectorate. The Thematic Round Table has been discussing the establishment of Comprehensive Care Centres for the Prevention and Eradication of Child Labour (CAIPETI), the Child Labour Risk Identification Model (MIRTI) and the development of the Strategy and National Plan for the Prevention and Eradication of Child Labour and Work by Young Persons. The Departmental Committees for the Prevention and Eradication of Child labour (CODEPETIS) will continue to operate. The Committee notes the Government’s indications in its report on the Worst Forms of Child Labour Convention, 1999 (No. 182), concerning the findings of the final evaluation of the implementation of the Roadmap to make Guatemala a country free from child labour and its worst forms (2016–20) carried out with representatives of the 21 CODEPETIS. In this regard, it notes that the conclusions of the evaluation emphasize: (i) the lack of institutionalization of the commitments set out in the Roadmap; (ii) the absence of budgetary allocations to the bodies responsible for its implementation; and (iii) the lack of social involvement in its implementation.

The Committee notes the indication in the CACIF’s observations that employers are participating actively in the Thematic Round Table on the Prevention and Eradication of Child Labour, as well as the CODEPETIS, and are committed to undertaking awareness-raising activities in enterprises. It also reports various enterprise initiatives, particularly in the agricultural sector, to prevent and combat child labour.

While noting all this information, the Committee observes that, according to the findings of the National Survey of Employment and Income 2-2018, available on the official webpage of the National Institute of Statistics, 297,408 boys and 99,071 girls under 14 years of age are engaged in child labour. The Committee also observes that, between January 2018 and May 2022, the labour inspection services detected 136 cases of child labour during inspections in private enterprises in the various departments of the country. The Committee hopes that all the measures adopted, including the follow-up to the Roadmap to make Guatemala a country free from child labour and its worst forms will contribute to the progressive elimination of child labour and requests the Government to provide information on this subject.

With reference to the activities of the labour inspection services to combat child labour, the Committee also requests the Government to investigate the causes of the significant difference between the number of cases of child labour detected in enterprises during inspections and the high number of children under 14 years of age who are engaged in child labour, according to the National Survey of Employment and Income 2018. The Committee considers that this will provide a basis for identifying the measures that could be taken to strengthen the capacities of the labour inspection services to combat child labour, including in the informal economy. The Committee also requests the Government to provide updated statistical data on the nature and extent of child labour.

Article 2(1) and (3). Minimum age for admission to employment. The Committee notes the Government’s indication that, on the basis of the recommendations made, the Guatemalan Social Security Institute (IGSS) has prepared new proposed regulations on the manual lifting and transport of loads that would repeal Decision No. 885 of 1990, which provides that boys and girls aged over 13 years may undertake the lifting, carrying or moving of loads appropriate to their age, on condition that such work is not prejudicial to their development and does not prejudice their health and/or safety. The Committee takes due note of this information and trusts that the new regulations on the manual lifting and transport of loads that are adopted will bring the minimum age for that work into line with that established in the Labour Code and the Act on the comprehensive protection of children (14 years).

Article 3(1). Minimum age for admission to hazardous types of work. With reference to the need to amend section 148(a) of the Labour Code (under the terms of which the minimum age for hazardous types of work shall be determined by the regulations for the respective occupation or the labour inspectorate) in order to set the general minimum age at 18 years for all hazardous types of work, in accordance with Government Decision No. 250-2006, the Government indicates that the legislative initiative to amend the Labour Code in this respect is still awaiting discussion in Congress. The Committee trusts that this amendment will be adopted without delay to ensure that the Labour Code sets the minimum age for hazardous types of work at 18 years, in accordance with Decision No. 250-2006.

Article 6. Minimum age for work done in education or training programmes. The Committee trusts that the envisaged revision of the Labour Code will set the minimum age for admission to work done in education and training programmes at 14 years, in accordance with the provisions of the Convention.

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