EL SALVADOR: WORST FORMS OF CHILD LABOR REPORT 2007

UNCLAS SAN SALVADOR 002349

SIPDIS


SIPDIS

DEPT FOR DRL/TU DANG, USDOL FOR ILAB/TINA MCCARTER

E.O. 12958: N/A
TAGS: ELAB PGOV ES
SUBJECT: EL SALVADOR: WORST FORMS OF CHILD LABOR REPORT 2007

REF: STATE 158223


1. (U) Summary: Pursuant to reftel, this cable provides
information on the worst forms of child labor in El Salvador.
As a country eligible for trade benefits under the
Generalized System of Preferences (GSP),El Salvador supports
efforts to eliminate the worst forms of child labor. During
2007, the ILO implemented ten programs specifically designed
to eliminate said abuses. Based on the information provided
by the government, it is difficult to assess the
government,s role in these programs. Also, it is difficult
to determine the effectiveness of these efforts because the
Ministry of Labor conducted no inspections for child labor
from March through October. End Summary.

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Laws and Regulations Proscribing
the Worst Forms of Child Labor
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2. (U) The Salvadoran Constitution prohibits child labor
under the age of 14. It also prohibits child labor for older
children while they are still receiving compulsory education
through the ninth grade. Minors, age 14 or older, may
receive special Labor Ministry permission to work, but only
where such employment is indispensable to the sustenance of
the minor and his or her family. However, according to the
Labor Code, children aged 12 to 14 can be authorized to
perform light work, as long as it does not harm their health
and development or interfere with their education. Children
under 16 years of age are prohibited from working more than 7
hours per day, and 34 hours per week. Children under the age
of 18 are prohibited from working at night.


3. (U) El Salvador defines the worst forms of child labor or
hazardous work in the same fashion the ILO defines those
terms. Forced or compulsory labor is prohibited by the
Constitution, except in cases of public calamity and other
instances specified by the law. All forms of slavery or
practices similar to slavery are forbidden under a general
provision of El Salvador's Constitution, as well as the
Criminal Code. The sale and trafficking of children, debt
bondage, and serfdom are specifically penalized in the
Criminal Code. Criminal penalties for trafficking range from
4 to 8 years of imprisonment, and increase by one-third if
the victim is under the age of 18 years.


4. (U) Military recruitment of children is not permitted.
However, voluntary service can begin at age 16.


5. (U) The use, procurement, or offering of a child for
prostitution, for the production of pornography, or for
pornographic performances are penalized in the Constitution.
Although the Criminal Code does not criminalize prostitution
per se, it penalizes the inducement, facilitation, or
promotion of prostitution of a person younger than 18 years
old. The Penal Code considers the commercial sexual
exploitation of children, trafficking of children, and child
pornography forms of organized crime, and provides harsher
penalties for such crimes. The law that regulates
drug-related activities penalizes the use of a child for
illicit activities.


6. (U) The Labor Code prohibits types of work that will
likely harm the safety or morals of children. In 1999, the
Government of El Salvador submitted to the ILO a document
identiying hazardous forms of work prohibited for minors
under Convention 182 and Convention 138. There ere no new
laws promulgated in 2007 relating to child labor.

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Regulations for Implementation and Enforcement
of Proscriptions against the Worst Forms of Child Labor
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7. (U) Enforcement of child labor law is the responsibility
of the Ministry of Labor, but labor inspectors usually tend
to focus on the formal sector where child labor is less
frequent, and as a result, few complaints are presented. The
2006-2010 National Plan to Eradicate the Worst Forms of Child
Labor places the Ministry of Labor in charge of reviewing,
updating, and modernizing the legal framework related to
child labor, as well as to increase legal oversight and labor
inspections to prevent and eradicate hazardous job
conditions.


8. (U) The National Civilian Police (PNC),the Immigration
Office, and the Office of the Attorney General (FGR) are the
government agencies responsible for enforcing trafficking
laws. Administrative complaints presented before the Ministry
of Labor, when it refers to child labor violations, are
different from criminal activity such as trafficking,
offering a child for pornographic or prostitution services,
and others. However, if the child labor violation is
considered a crime, then the Attorney General Office in
conjunction with the National Civilian Police are in charge
of enforcing child labor laws.


9. (U) In general, the legal remedies for trafficking are
adequate to punish violations but likely provide little
deterrence, due to economic, cultural, and social conditions.
The legal remedies for child labor are rarely enforced,
providing little punishment or deterrence.


10. (U) Through October 2007, the Ministry of Labor reported
receiving no complaints of child labor. However, child labor
is culturally acceptable in El Salvador, and historically
there have been few complaints. The Ministry of Labor
invests USD $218,000 annually in the investigation of child
labor cases. The Ministry of Labor has 158 labor inspectors
conducting inspection programs; however none work
specifically on child labor issues.


11. (U) From January to October, the National Civilian Police
(PNC) investigated 32 cases of trafficking in persons. From
January to February, the Ministry of Labor conducted 11
inspections for child labor and removed 81 children from
child labor activities. However the Ministry reported
conducting no labor inspections for child labor between March
and October. Also, the Ministry reported conducting no
inspections in sugarcane, coffee, or cotton plantations
during this period. Children are frequently used as laborers
in these industries. There was no reason given for the lack
of inspections during this time period. The Ministry
reported imposing no fines for child labor activity through
October.


12. (U) As of October, the Ministry of Labor reports training
158 inspectors, 590 police officers, 64 judges, and 125
students.

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Social Programs to Prevent and Withdraw
Children from the Worst Forms of Child Labor
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13. (U) The ILO and other non-governmental organizations,
with the support of the Ministry of Labor, are currently
implementing the second stage of the National Plan for the
Eradication of the Worst Forms of Child Labor. The budget
for these activities is USD $3,380,000.


14. (U) On March 28, 2007, the National Civilian Police (PNC)
introduced a Procedural Manual to Combat the Sexual
Commercial Exploitation of Children and Adolescents. In June
2007, the PNC launched an awareness campaign against sexual
exploitation.


15. (U) The government continues implementing the Child Labor
Education Initiative, which aims to prevent and remove
children from exploitative labor by increasing awareness and
access to educational services. The budget for this
Initiative, implemented by the Ministry of Education, is USD
$499,998. According to the Ministry of Education there are
218,884 children who currently work and attend school.


16. (U) The ILO has implemented ten programs, with a budget
of USD $482,587, to eliminate the worst forms of child labor.
The Ministry of Labor is responsible for monitoring the
progress and effectiveness of these programs; however there
were no on-site inspections conducted between March and
October 2007. (Comment: It is difficult to determine the
level of the Ministry of Labor,s role in these activities
based on the limited information that was provided by the
Ministry. Post will provide updates as more information
becomes available. End Comment.)


17. (U) Additional ILO programs to eliminate the worst forms
of child labor are being conducted by various
non-governmental organizations throughout the country. These
programs focus on industries in which child labor is most
common, including fishing and sugarcane production. Also,
the government has a $3,380,000 program to reduce poverty,
&Red Solidaria8, which indirectly helps prevent child labor.

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Comprehensive Policy Aimed at the
Elimination of the Worst Forms of Child Labor
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18. (U) In 2006, the government launched its first National
Plan for the Elimination of the Worst Forms of Child Labor.
The Ministries of Labor, Education, Health, Agriculture,
Foreign Affairs, Tourism, Governance, Economy, and the
National Secretariat for the Family, the National Secretariat
for Youth, the National Institute for the Development of
Children and Adolescents, in conjunction with the Small and
Medium Enterprises Committee, the National Superior Labor
Council, the National Round Table Against Sexual Commercial
Exploitation, and the National Committee For the Elimination
of the Worst Forms of Child Labor, joined efforts with the
ILO/IPEC International Program on the Elimination of Child
Labor to launch a four-year national plan to eliminate the
worst forms of child labor. The plan aims to continuously
reduce by at least 10 percent of the targeted population of
288,221 children from 5 to 17 years old who work. The
government reports that it is currently in Phase II of the
National Plan.


19. (U) Article 56 of the Salvadoran Constitution establishes
that education is free and compulsory through the 9th grade.
Although laws prohibit impeding children,s access to schools
for being unable to pay school fees or wear uniforms, some
school continued to charge school fees to cover budget
shortfalls.

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Country's Continual Progress Toward
Eliminating the Worst Forms of Child Labor
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20. (U) Reftel requests post provide information regarding El
Salvador's progress towards eliminating child labor.
However, the limited information provided by the Ministry of
Labor does little to demonstrate the effectiveness of current
programs, especially given the ministry's apparent suspension
of inspections for several months in 2007. This, in turn,
has limited the availability of data on the number of
children currently working. Post will provide updates as
more information becomes available.
Glazer