Observation (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

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.