Identifier
Created
Classification
Origin
10GUATEMALA232
2010-02-04 21:09:00
UNCLASSIFIED
Embassy Guatemala
Cable title:
Guatemala Child Labor Report for TVPRA and TDA
how-toVZCZCXYZ0000 RR RUEHWEB DE RUEHGT #0232/01 0352110 ZNR UUUUU ZZH R 042109Z FEB 10 FM AMEMBASSY GUATEMALA TO RUEHC/DEPT OF LABOR WASHINGTON DC RUEHC/SECSTATE WASHDC 0936 INFO RUEHGT/AMEMBASSY GUATEMALA
UNCLAS GUATEMALA 000232
SIPDIS
E.O. 12958: N/A
TAGS: ELAB EIND ETRD KTIP PHUM SOCI GT
SUBJECT: Guatemala Child Labor Report for TVPRA and TDA
REF: A) 09 STATE 131995; B) 08 GUATEMALA 000693
C) 09 GUATEMALA 000068; D) 08 GUATEMALA 000067
UNCLAS GUATEMALA 000232
SIPDIS
E.O. 12958: N/A
TAGS: ELAB EIND ETRD KTIP PHUM SOCI GT
SUBJECT: Guatemala Child Labor Report for TVPRA and TDA
REF: A) 09 STATE 131995; B) 08 GUATEMALA 000693
C) 09 GUATEMALA 000068; D) 08 GUATEMALA 000067
1. (U) Below is a response to Ref A, Tasking 1 (Trafficking Victims
Protection Reauthorization Act (TVPRA)) and Tasking 2 (Trade and
Development Act (TDA)). Guatemalan children continue to be the
victims of forced and exploitive labor practices in the production
of goods and the provision of services. While the Government of
Guatemala (GoG) has made good-faith efforts to combat child labor,
institutions aimed at eradicating the problem remain under-funded
and inter-ministerial coordination at a technical level is
ineffective. Guatemala has made progress, however, with the
adoption of a new anti-trafficking law, the establishment of a
"Road Map to End the Worst Forms of Child Labor in Guatemala," and
the re-activation of the National Commission for the Eradication of
Child Labor, headed by Vice President Espada.
Trafficking Victims Protection Reauthorization Act (TVPRA)
2. (U) While various NGOs, labor organizations and others noted
their suspicion that child labor is a problem in the production of
goods not listed in the 2008 report (Ref B),they could not provide
substantive evidence of such practices and speculated as to which
additional goods are produced using child labor. As such, Embassy
Guatemala will not add any goods to those already listed in Ref B.
3. (U) Post would like to reiterate its disagreement with the
inclusion of corn as part of the TVPRA 2008 report on goods
produced using child labor (Ref C). Corn harvesting by indigenous
groups remains a religious rite of passage and is a millennia-old
cultural tradition. [Inclusion of corn in the report reflects the
imposition of U.S. societal norms on an ancient Mayan custom and
opens the USG to charges of cultural insensitivity.]
Trade and Development Act (TDA)
4. (U) The following information updates 2008 information (Ref D)
on the worst forms of child labor. Responses are keyed to Ref A.
2A. Prevalence and Sectoral Distribution of
Exploitive Child Labor
1. Children are engaged in exploitive labor in the following
areas: domestic service, street vending, commercial sexual
exploitation, and agro-industry.
2. In 2009 the GoG did not collect any new data on the character
of child labor. The most recent data is from 2006 with the Survey
on Living Conditions (ENCOVI). The Ministry of Labor provided
preliminary statistics on the frequency and type of child labor
(See Paragraphs 2C1.7-10). Embassy Guatemala will provide the
complete statistics when they are available.
2B. Laws and Regulations
1. Guatemala passed the Law Against Sexual Violence, Exploitation
and Trafficking in Persons in Spring of 2009. The law includes a
reform of the penal code that strengthens penalties for those found
guilty of using hazardous child labor and requires jail time in
addition to a fine.
2. Guatemala's child labor laws are generally considered adequate;
however enforcement could greatly improve.
2C. Institutions and Mechanisms for Enforcement
Section 1: Hazardous Child Labor
1. Responsibility for the enforcement of child labor laws lies
with several different agencies. The Ministry of Labor (MOL)
receives complaints through the Office of the Inspector General and
the Child Workers Protection Unit. In 2009, the MOL received 213
labor complaints involving minors. These cases are investigated by
labor inspectors and adjudicated depending on the nature of the
complaint. According to the Chief Inspector, the MOL handles wage
or bonus complaints as regular labor complaints, and usually
conclude with the employer having to dismiss the employee. Labor
inspectors also investigate criminal complaints and then refer them
to the Solicitor General's Office (PGN) for prosecution. If there
is a human rights component to the case it is referred to the Human
Rights Ombudsman (PDH). No matter the type of case, the Child
Workers Protection Unit, within the MOL, handles any social
components of the case.
2. The primary coordinating mechanism for child labor issues is
the National Commission for the Eradication of Child Labor, headed
by the Vice President. The GoG reactivated the Commission in 2009.
The Commission is comprised of the Ministers of Education, Public
Health, and Agriculture, the Secretary of Social Well Being, the
President's Secretary for Women's Issues, and representatives from
the National Association of Municipalities, Social Security, the
Coordinating Committee for Agricultural, Commercial, Industrial,
and Financial Associations (CACIF),and the Federation of Unions.
The Commission meets four times a year and the GoG participates at
the Ministerial level. The MOL also operates nine Executive
Secretaries throughout the country. The MOL administers these
offices from the capital. The Executive Secretaries function on an
ad hoc basis and provide space for local NGOs, municipal
authorities, and others, to coordinate on issues of child labor at
a local level.
While the reactivation of the Commission is a positive development,
its performance has received mixed reviews. According to civil
society contacts, the Commission provides a platform for high level
participants to make pronouncements condemning child labor and does
build ministerial consensus on key issues. However, at the
technical level, the Commission struggles to execute plans or
effectively coordinate. The Executive Secretaries give the MOL a
presence on child labor in the field. However, according to civil
society contacts, there is no system or medium term planning for
their efforts, thereby reducing their value.
3. The Office of the Inspector General in the MOL receives
complaints regarding hazardous child labor by telephone, in
writing, in person at the MOL in Guatemala City, or online through
the MOL's website. The MOL also receives complaints at their 24
regional offices. In 2009, the MOL received 213 labor complaints
involving minors.
4. In 2009, the Office of the Inspector General had a nationwide
operating budget of approximately $1.4 million. There is not a
specific unit or budget for child labor within the Inspectorate.
There are 8 inspectors trained in issues relevant to child labor.
While these inspectors work on child labor cases, they also work on
standard labor cases.
5. The eight inspectors who investigate child labor cases are
inadequate as there are approximately one million child laborers in
Guatemala according to ENCOVI. Further, the inspectors reside in
Guatemala City, while the majority of child labor occurs in rural
areas. This, alongside the MOL's lack of resources for
investigations, prohibits investigators from executing proactive
investigations into child labor.
6. According to the Office of the Inspector General, in 2009, it
received 213 labor complaints involving minors. Of these, 62 were
resolved and 1 was annulled. The MOL also executed seven surprise
inspections of fireworks factories with the National Civil Police
(PNC) and other government agencies during November and December
2009. Inspectors identified six cases of child labor to be
adjudicated by the MOL through these raids.
7. According to the Labor Inspector General all concluded cases
(62) resulted in the minor employee's termination with payment of
any outstanding earnings and entitlements. At their conclusion,
the Labor Inspector refers all cases to the MOL Unit for the
Protection of Child and Adolescent Workers where they handle any
social issues.
8. According to MOL statistics, 213 cases involving underage
workers were opened in 2009.
9. According to MOL statistics, 63 cases involving underage
workers were resolved in 2009.
10. According to MOL statistics, 31 cases resulted in
"convictions," as adjudicated by the MOL.
11. The MOL did not have any data regarding the length of time
necessary to resolve child labor cases. However, the Labor
Inspector General claimed that his office attends to all cases
immediately.
12. One common complaint within civil society is that when the
Labor Inspector General handles a child labor case, it only
adjudicates the labor portion (usually unpaid wages or bonuses) and
informs the employer that the employee is too young and must not
work, rather than pursuing a legal case against the employer.
13. A problem throughout the GoG is a lack of resources to
implement existing laws. While Guatemala has signed the
appropriate conventions and established child labor laws, the GoG
has not appropriated funds to enforce these laws. Further, the GoG
seems to lack the political will to enforce these laws or establish
an implementing framework.
14. The GoG did not provide any training for investigators or
others on the enforcement of child labor laws.
Section 2: Forced Child Labor
While the GoG recognizes the legal differences between Forced Child
Labor and Hazardous Child Labor, the two problems share an
institutional infrastructure. As such, most answers in this
section refer to the previous section.
1. See answer 2C1.1.
2. See answer 2C1.2.
3. See answer 2C1.3. According to the Inspector General, in 2009,
the MOL did not receive any complaints of forced child labor.
4. See answer 2C1.4.
5. See answer 2C1.5.
6. As the MOL did not receive any complaints of forced child
labor, they did not carry out any investigations.
7. None
8. None
9. None
10. None
11. None
12. N/A
13. While the MOL did not receive ay complaints of forced child
labor in 2009, and therefore, did not undertake any investigations,
according to civil society sources, forced child labor remains a
serious problem in Guatemala. To counter the problem, the Office
of the Inspector General should take a more active role in seeking
out such cases and conducting effective investigations. However,
limitations, such as the Inspector General's inadequate budget and
the centralized location of trained child labor inspectors, means
that investigations in this area are insufficient.
14. See answer 2C1.14.
2D. Institutional Mechanisms for Effective
Enforcement
Section 1 - Child Trafficking
1. Guatemala has several government entities dedicated to the
enforcement of child trafficking law. The Secretariat for Child
Trafficking within the Vice President's office is the primary
inter-ministerial coordinating mechanism and has the lead on child
trafficking issues within the GoG. In the Public Ministry, there
is a dedicated unit, comprised of two prosecutors, that handles
cases of child trafficking and irregular adoptions. Additionally,
the Ministry of Foreign Affairs has two people that work on
trafficking issues providing training and doing public outreach.
The National Civil Police (PNC) also has a group of five dedicated
personnel to work trafficking issues.
Though the GoG has established new laws and institutions, child
trafficking remains a major problem. Given the size of the
problem, the number of investigators and/or dedicated personnel for
the issue remains inadequate.
2. The Law Against Sexual Violence, Exploitation and Trafficking
in Persons, established a Secretariat for Child Trafficking, and
stipulated that it should have an operating budget of $650,000.
However, in 2009 the Secretariat only received $25,000, rather
than the amount stipulated by law. The Unit within the Public
Ministry does not have its own budget and is under the direction of
the Organized Crime section.
Members of government and local NGOs that work on child trafficking
issues uniformly lament that the funding appropriated by the GoG is
inadequate to handle the problem of trafficking in Guatemala.
3. The GoG maintains various hotlines to report instances of Child
Trafficking. The following agencies maintain a hotline of some
sort: the Public Ministry's unit for Child Trafficking and
Irregular Adoptions, the PNC's unit for child trafficking, and the
PGN's Office for the Defense of the Child.
4. The MP's Trafficking in Persons Unit has not returned Post's
requests for statistics specific to child trafficking, nor a
breakdown on the number of child rescues, arrests, prosecutions,
cases closed, sentencing or the time for resolution. Post will
provide these numbers once they are available.
In 2009, the MP received and investigated 400 trafficking cases, a
significant rise over 2008 when they investigated 136.
Investigating more cases would test the capacity limits of the
Unit. However, if the MP expanded the unit, more proactive
investigations would be possible.
5. Data unavailable.
6. Data unavailable.
7. Data unavailable.
8. The Unit achieved seven trafficking convictions in 2009.
9. Data unavailable.
10. Data unavailable.
11. Data Unavailable.
12. In 2009, the government did not provide any training for
investigators or others responsible for the enforcement of child
trafficking.
13. Guatemala did not experience armed conflict during the
reporting period.
Section 2 - Commercial Sexual
Exploitation of Children
While the GoG recognizes the legal differences between Trafficking
in Children, the Commercial Sexual Exploitation of Children and
Children Involved in Illicit Activities, the three issues share the
same institutional infrastructure. As such, most answers in this
section refers to Section 1 - Trafficking in Children.
Additionally, Post will provide the missing data when it becomes
available.
1. See answer 2D1.1.
2. See answer 2D1.2.
3. See answer 2D1.3.
4. See answer 2D1.4.
5. Data unavailable.
6. Data unavailable.
7. Data unavailable.
8. See answer 2D1.8.
9. Data unavailable.
10. Data unavailable.
11. Data unavailable.
12. See answer 2D1.12.
13. See answer 2D1.13.
Section 3 - Children Involved in
Illicit Activities
While the GoG recognizes the legal differences between Trafficking
in Children, the Commercial Sexual Exploitation of Children and
Children Involved in Illicit Activities, the three issues share the
same institutional infrastructure. As such, most answers in this
section refer to Section 1 - Trafficking in Children. Additionally,
Post will provide the missing data when it becomes available.
1. See answer 2D1.1.
2. See answer 2D1.2.
3. See answer 2D1.3.
4. See answer 2D1.4.
5. Data unavailable.
6. Data unavailable.
7. Data unavailable.
8. See answer 2D1.8.
9. Data unavailable.
10. Data unavailable.
11. Data unavailable.
12. See answer 2D1.12.
13. See answer 2D1.13.
2E. Government Policies on Child Labor
1. In 2009, the GoG enacted two policies aimed at eliminating or
reducing child labor and trafficking. In collaboration with the
GoG, the International Labor Organization (ILO) published, "The
Road Map to Make Guatemala a Country Free of the Worst Forms of
Child Labor." The GoG adopted the plan in 2009 and will establish
an action plan in 2010. The Road Map's primary goal is to
eradicate most child labor in Guatemala by 2020.
Adopted in April of 2009, the Law Against Sexual Violence, Illegal
Adoption and Human Trafficking in revised Article 156 of the penal
code and established stricter sentences for those convicted of
employing minors in hazardous jobs. The revision requires a
sentence of 2-4 years in prison and a fine of $3,000 to $12,000.
2. The GoG did not incorporate exploitative child labor as a
specific issue in poverty reduction, development, educational or
other social policies.
3. N/A
4. By law, the Secretary Against Sexual Violence, Exploitation,
and Trafficking in Persons, should have an annual budget of
$650,000. However, according to the Secretary, the office received
only $25,000.
The ILO funded the creation of the "Road Map." Going forward, the
ILO reports that many of the document's goals can be achieved with
improved implementation and coordination (rather than additional
funds). However, the ILO and the MOL acknowledged that a lack of
funds for implementation could prove an impediment to the
document's success. Several within civil society complained that
the GoG effectively promulgates plans, but fails to enact them for
a lack of funding and political will.
5. With regard to the "Road Map," in 2010, the GoG and ILO will
convert it into an action plan and begin implementation. However,
when asked regarding funding, contacts within the MOL and civil
society expressed reservations that funds for implementation would
be provided.
Likewise, the GoG established the Secretary Against Sexual
Violence, Exploitation and Trafficking, as required by the new
anti-trafficking law. This Office, which reports directly to the
Vice President, struggled in 2009 as it did not receive the budget
required by law (see 2E.4) and the appointed Secretary, resigned
after just six months in the position.
6. See answer 2C1.2
7. The GoG did not sign any bilateral, regional or international
agreements to combat trafficking in 2009.
2F. Social Programs to Eliminate or Prevent Child
Labor
1. At present, the GoG does not have a plan that specifically
addresses exploitative child labor.
2. The MOL runs a small program that provides work alternatives to
girls in the Department of Totonicap????n. The program provides
technical training in sewing and other trades to girls, on the
condition that they stay in school. The program is funded by the
GoG and the ILO and worked with approximately 50 girls in 2009.
Another achievement of the GoG has been the elimination of any fees
required to attend public school. Finally, while the GoG's
conditional cash transfer program, My Family Progresses (MFP),
does not explicitly address child labor, the program aims to
improve school attendance, an indicator with a direct correlation
to child labor. MFP recognizes this fact and has reached out to
members of civil society who work on issues of child labor, and
discussed incorporating the issue explicitly.
3. N/A
4. N/A
5. N/A
6. The GoG did not sign any bilateral, regional or international
agreements to combat trafficking in 2009.
2G. Continual Progress
1. In 2009 the GoG made mixed progress on the issue of child labor.
The April 2009 passage of the Law Against Sexual Violence,
Trafficking and Irregular Adoptions marked a significant
achievement and the "Road Map" provides an excellent starting point
to comprehensively address the issue. However, as several members
of civil society stated, for good legislation to function as
designed, it requires effective enforcement.
The inter-ministerial effort led by the MOL to investigate alleged
child labor at fireworks factories was a good step and similar
efforts should continue throughout 2010 and extend into other
sectors where child labor allegedly occurs. To improve the
effectiveness of these efforts, the MOL should work to include
non-governmental partners with a knowledge of the issue. In this
instance, the investigation found that most child labor with
fireworks occurs in private residences, rather than at the
factories, an already well-known fact within NGOs.
Despite this progress, the GoG continues to underfund key
institutions in the fight against child labor. The insufficient
budget for labor inspections ensures that the MOL will have limited
means to pursue relevant cases. Likewise, the lack of technical
level coordination by the Committee to Eradicate Child Labor in
Guatemala reduces effective implementation of the law or other
government-led plans.
MCFARLAND
SIPDIS
E.O. 12958: N/A
TAGS: ELAB EIND ETRD KTIP PHUM SOCI GT
SUBJECT: Guatemala Child Labor Report for TVPRA and TDA
REF: A) 09 STATE 131995; B) 08 GUATEMALA 000693
C) 09 GUATEMALA 000068; D) 08 GUATEMALA 000067
1. (U) Below is a response to Ref A, Tasking 1 (Trafficking Victims
Protection Reauthorization Act (TVPRA)) and Tasking 2 (Trade and
Development Act (TDA)). Guatemalan children continue to be the
victims of forced and exploitive labor practices in the production
of goods and the provision of services. While the Government of
Guatemala (GoG) has made good-faith efforts to combat child labor,
institutions aimed at eradicating the problem remain under-funded
and inter-ministerial coordination at a technical level is
ineffective. Guatemala has made progress, however, with the
adoption of a new anti-trafficking law, the establishment of a
"Road Map to End the Worst Forms of Child Labor in Guatemala," and
the re-activation of the National Commission for the Eradication of
Child Labor, headed by Vice President Espada.
Trafficking Victims Protection Reauthorization Act (TVPRA)
2. (U) While various NGOs, labor organizations and others noted
their suspicion that child labor is a problem in the production of
goods not listed in the 2008 report (Ref B),they could not provide
substantive evidence of such practices and speculated as to which
additional goods are produced using child labor. As such, Embassy
Guatemala will not add any goods to those already listed in Ref B.
3. (U) Post would like to reiterate its disagreement with the
inclusion of corn as part of the TVPRA 2008 report on goods
produced using child labor (Ref C). Corn harvesting by indigenous
groups remains a religious rite of passage and is a millennia-old
cultural tradition. [Inclusion of corn in the report reflects the
imposition of U.S. societal norms on an ancient Mayan custom and
opens the USG to charges of cultural insensitivity.]
Trade and Development Act (TDA)
4. (U) The following information updates 2008 information (Ref D)
on the worst forms of child labor. Responses are keyed to Ref A.
2A. Prevalence and Sectoral Distribution of
Exploitive Child Labor
1. Children are engaged in exploitive labor in the following
areas: domestic service, street vending, commercial sexual
exploitation, and agro-industry.
2. In 2009 the GoG did not collect any new data on the character
of child labor. The most recent data is from 2006 with the Survey
on Living Conditions (ENCOVI). The Ministry of Labor provided
preliminary statistics on the frequency and type of child labor
(See Paragraphs 2C1.7-10). Embassy Guatemala will provide the
complete statistics when they are available.
2B. Laws and Regulations
1. Guatemala passed the Law Against Sexual Violence, Exploitation
and Trafficking in Persons in Spring of 2009. The law includes a
reform of the penal code that strengthens penalties for those found
guilty of using hazardous child labor and requires jail time in
addition to a fine.
2. Guatemala's child labor laws are generally considered adequate;
however enforcement could greatly improve.
2C. Institutions and Mechanisms for Enforcement
Section 1: Hazardous Child Labor
1. Responsibility for the enforcement of child labor laws lies
with several different agencies. The Ministry of Labor (MOL)
receives complaints through the Office of the Inspector General and
the Child Workers Protection Unit. In 2009, the MOL received 213
labor complaints involving minors. These cases are investigated by
labor inspectors and adjudicated depending on the nature of the
complaint. According to the Chief Inspector, the MOL handles wage
or bonus complaints as regular labor complaints, and usually
conclude with the employer having to dismiss the employee. Labor
inspectors also investigate criminal complaints and then refer them
to the Solicitor General's Office (PGN) for prosecution. If there
is a human rights component to the case it is referred to the Human
Rights Ombudsman (PDH). No matter the type of case, the Child
Workers Protection Unit, within the MOL, handles any social
components of the case.
2. The primary coordinating mechanism for child labor issues is
the National Commission for the Eradication of Child Labor, headed
by the Vice President. The GoG reactivated the Commission in 2009.
The Commission is comprised of the Ministers of Education, Public
Health, and Agriculture, the Secretary of Social Well Being, the
President's Secretary for Women's Issues, and representatives from
the National Association of Municipalities, Social Security, the
Coordinating Committee for Agricultural, Commercial, Industrial,
and Financial Associations (CACIF),and the Federation of Unions.
The Commission meets four times a year and the GoG participates at
the Ministerial level. The MOL also operates nine Executive
Secretaries throughout the country. The MOL administers these
offices from the capital. The Executive Secretaries function on an
ad hoc basis and provide space for local NGOs, municipal
authorities, and others, to coordinate on issues of child labor at
a local level.
While the reactivation of the Commission is a positive development,
its performance has received mixed reviews. According to civil
society contacts, the Commission provides a platform for high level
participants to make pronouncements condemning child labor and does
build ministerial consensus on key issues. However, at the
technical level, the Commission struggles to execute plans or
effectively coordinate. The Executive Secretaries give the MOL a
presence on child labor in the field. However, according to civil
society contacts, there is no system or medium term planning for
their efforts, thereby reducing their value.
3. The Office of the Inspector General in the MOL receives
complaints regarding hazardous child labor by telephone, in
writing, in person at the MOL in Guatemala City, or online through
the MOL's website. The MOL also receives complaints at their 24
regional offices. In 2009, the MOL received 213 labor complaints
involving minors.
4. In 2009, the Office of the Inspector General had a nationwide
operating budget of approximately $1.4 million. There is not a
specific unit or budget for child labor within the Inspectorate.
There are 8 inspectors trained in issues relevant to child labor.
While these inspectors work on child labor cases, they also work on
standard labor cases.
5. The eight inspectors who investigate child labor cases are
inadequate as there are approximately one million child laborers in
Guatemala according to ENCOVI. Further, the inspectors reside in
Guatemala City, while the majority of child labor occurs in rural
areas. This, alongside the MOL's lack of resources for
investigations, prohibits investigators from executing proactive
investigations into child labor.
6. According to the Office of the Inspector General, in 2009, it
received 213 labor complaints involving minors. Of these, 62 were
resolved and 1 was annulled. The MOL also executed seven surprise
inspections of fireworks factories with the National Civil Police
(PNC) and other government agencies during November and December
2009. Inspectors identified six cases of child labor to be
adjudicated by the MOL through these raids.
7. According to the Labor Inspector General all concluded cases
(62) resulted in the minor employee's termination with payment of
any outstanding earnings and entitlements. At their conclusion,
the Labor Inspector refers all cases to the MOL Unit for the
Protection of Child and Adolescent Workers where they handle any
social issues.
8. According to MOL statistics, 213 cases involving underage
workers were opened in 2009.
9. According to MOL statistics, 63 cases involving underage
workers were resolved in 2009.
10. According to MOL statistics, 31 cases resulted in
"convictions," as adjudicated by the MOL.
11. The MOL did not have any data regarding the length of time
necessary to resolve child labor cases. However, the Labor
Inspector General claimed that his office attends to all cases
immediately.
12. One common complaint within civil society is that when the
Labor Inspector General handles a child labor case, it only
adjudicates the labor portion (usually unpaid wages or bonuses) and
informs the employer that the employee is too young and must not
work, rather than pursuing a legal case against the employer.
13. A problem throughout the GoG is a lack of resources to
implement existing laws. While Guatemala has signed the
appropriate conventions and established child labor laws, the GoG
has not appropriated funds to enforce these laws. Further, the GoG
seems to lack the political will to enforce these laws or establish
an implementing framework.
14. The GoG did not provide any training for investigators or
others on the enforcement of child labor laws.
Section 2: Forced Child Labor
While the GoG recognizes the legal differences between Forced Child
Labor and Hazardous Child Labor, the two problems share an
institutional infrastructure. As such, most answers in this
section refer to the previous section.
1. See answer 2C1.1.
2. See answer 2C1.2.
3. See answer 2C1.3. According to the Inspector General, in 2009,
the MOL did not receive any complaints of forced child labor.
4. See answer 2C1.4.
5. See answer 2C1.5.
6. As the MOL did not receive any complaints of forced child
labor, they did not carry out any investigations.
7. None
8. None
9. None
10. None
11. None
12. N/A
13. While the MOL did not receive ay complaints of forced child
labor in 2009, and therefore, did not undertake any investigations,
according to civil society sources, forced child labor remains a
serious problem in Guatemala. To counter the problem, the Office
of the Inspector General should take a more active role in seeking
out such cases and conducting effective investigations. However,
limitations, such as the Inspector General's inadequate budget and
the centralized location of trained child labor inspectors, means
that investigations in this area are insufficient.
14. See answer 2C1.14.
2D. Institutional Mechanisms for Effective
Enforcement
Section 1 - Child Trafficking
1. Guatemala has several government entities dedicated to the
enforcement of child trafficking law. The Secretariat for Child
Trafficking within the Vice President's office is the primary
inter-ministerial coordinating mechanism and has the lead on child
trafficking issues within the GoG. In the Public Ministry, there
is a dedicated unit, comprised of two prosecutors, that handles
cases of child trafficking and irregular adoptions. Additionally,
the Ministry of Foreign Affairs has two people that work on
trafficking issues providing training and doing public outreach.
The National Civil Police (PNC) also has a group of five dedicated
personnel to work trafficking issues.
Though the GoG has established new laws and institutions, child
trafficking remains a major problem. Given the size of the
problem, the number of investigators and/or dedicated personnel for
the issue remains inadequate.
2. The Law Against Sexual Violence, Exploitation and Trafficking
in Persons, established a Secretariat for Child Trafficking, and
stipulated that it should have an operating budget of $650,000.
However, in 2009 the Secretariat only received $25,000, rather
than the amount stipulated by law. The Unit within the Public
Ministry does not have its own budget and is under the direction of
the Organized Crime section.
Members of government and local NGOs that work on child trafficking
issues uniformly lament that the funding appropriated by the GoG is
inadequate to handle the problem of trafficking in Guatemala.
3. The GoG maintains various hotlines to report instances of Child
Trafficking. The following agencies maintain a hotline of some
sort: the Public Ministry's unit for Child Trafficking and
Irregular Adoptions, the PNC's unit for child trafficking, and the
PGN's Office for the Defense of the Child.
4. The MP's Trafficking in Persons Unit has not returned Post's
requests for statistics specific to child trafficking, nor a
breakdown on the number of child rescues, arrests, prosecutions,
cases closed, sentencing or the time for resolution. Post will
provide these numbers once they are available.
In 2009, the MP received and investigated 400 trafficking cases, a
significant rise over 2008 when they investigated 136.
Investigating more cases would test the capacity limits of the
Unit. However, if the MP expanded the unit, more proactive
investigations would be possible.
5. Data unavailable.
6. Data unavailable.
7. Data unavailable.
8. The Unit achieved seven trafficking convictions in 2009.
9. Data unavailable.
10. Data unavailable.
11. Data Unavailable.
12. In 2009, the government did not provide any training for
investigators or others responsible for the enforcement of child
trafficking.
13. Guatemala did not experience armed conflict during the
reporting period.
Section 2 - Commercial Sexual
Exploitation of Children
While the GoG recognizes the legal differences between Trafficking
in Children, the Commercial Sexual Exploitation of Children and
Children Involved in Illicit Activities, the three issues share the
same institutional infrastructure. As such, most answers in this
section refers to Section 1 - Trafficking in Children.
Additionally, Post will provide the missing data when it becomes
available.
1. See answer 2D1.1.
2. See answer 2D1.2.
3. See answer 2D1.3.
4. See answer 2D1.4.
5. Data unavailable.
6. Data unavailable.
7. Data unavailable.
8. See answer 2D1.8.
9. Data unavailable.
10. Data unavailable.
11. Data unavailable.
12. See answer 2D1.12.
13. See answer 2D1.13.
Section 3 - Children Involved in
Illicit Activities
While the GoG recognizes the legal differences between Trafficking
in Children, the Commercial Sexual Exploitation of Children and
Children Involved in Illicit Activities, the three issues share the
same institutional infrastructure. As such, most answers in this
section refer to Section 1 - Trafficking in Children. Additionally,
Post will provide the missing data when it becomes available.
1. See answer 2D1.1.
2. See answer 2D1.2.
3. See answer 2D1.3.
4. See answer 2D1.4.
5. Data unavailable.
6. Data unavailable.
7. Data unavailable.
8. See answer 2D1.8.
9. Data unavailable.
10. Data unavailable.
11. Data unavailable.
12. See answer 2D1.12.
13. See answer 2D1.13.
2E. Government Policies on Child Labor
1. In 2009, the GoG enacted two policies aimed at eliminating or
reducing child labor and trafficking. In collaboration with the
GoG, the International Labor Organization (ILO) published, "The
Road Map to Make Guatemala a Country Free of the Worst Forms of
Child Labor." The GoG adopted the plan in 2009 and will establish
an action plan in 2010. The Road Map's primary goal is to
eradicate most child labor in Guatemala by 2020.
Adopted in April of 2009, the Law Against Sexual Violence, Illegal
Adoption and Human Trafficking in revised Article 156 of the penal
code and established stricter sentences for those convicted of
employing minors in hazardous jobs. The revision requires a
sentence of 2-4 years in prison and a fine of $3,000 to $12,000.
2. The GoG did not incorporate exploitative child labor as a
specific issue in poverty reduction, development, educational or
other social policies.
3. N/A
4. By law, the Secretary Against Sexual Violence, Exploitation,
and Trafficking in Persons, should have an annual budget of
$650,000. However, according to the Secretary, the office received
only $25,000.
The ILO funded the creation of the "Road Map." Going forward, the
ILO reports that many of the document's goals can be achieved with
improved implementation and coordination (rather than additional
funds). However, the ILO and the MOL acknowledged that a lack of
funds for implementation could prove an impediment to the
document's success. Several within civil society complained that
the GoG effectively promulgates plans, but fails to enact them for
a lack of funding and political will.
5. With regard to the "Road Map," in 2010, the GoG and ILO will
convert it into an action plan and begin implementation. However,
when asked regarding funding, contacts within the MOL and civil
society expressed reservations that funds for implementation would
be provided.
Likewise, the GoG established the Secretary Against Sexual
Violence, Exploitation and Trafficking, as required by the new
anti-trafficking law. This Office, which reports directly to the
Vice President, struggled in 2009 as it did not receive the budget
required by law (see 2E.4) and the appointed Secretary, resigned
after just six months in the position.
6. See answer 2C1.2
7. The GoG did not sign any bilateral, regional or international
agreements to combat trafficking in 2009.
2F. Social Programs to Eliminate or Prevent Child
Labor
1. At present, the GoG does not have a plan that specifically
addresses exploitative child labor.
2. The MOL runs a small program that provides work alternatives to
girls in the Department of Totonicap????n. The program provides
technical training in sewing and other trades to girls, on the
condition that they stay in school. The program is funded by the
GoG and the ILO and worked with approximately 50 girls in 2009.
Another achievement of the GoG has been the elimination of any fees
required to attend public school. Finally, while the GoG's
conditional cash transfer program, My Family Progresses (MFP),
does not explicitly address child labor, the program aims to
improve school attendance, an indicator with a direct correlation
to child labor. MFP recognizes this fact and has reached out to
members of civil society who work on issues of child labor, and
discussed incorporating the issue explicitly.
3. N/A
4. N/A
5. N/A
6. The GoG did not sign any bilateral, regional or international
agreements to combat trafficking in 2009.
2G. Continual Progress
1. In 2009 the GoG made mixed progress on the issue of child labor.
The April 2009 passage of the Law Against Sexual Violence,
Trafficking and Irregular Adoptions marked a significant
achievement and the "Road Map" provides an excellent starting point
to comprehensively address the issue. However, as several members
of civil society stated, for good legislation to function as
designed, it requires effective enforcement.
The inter-ministerial effort led by the MOL to investigate alleged
child labor at fireworks factories was a good step and similar
efforts should continue throughout 2010 and extend into other
sectors where child labor allegedly occurs. To improve the
effectiveness of these efforts, the MOL should work to include
non-governmental partners with a knowledge of the issue. In this
instance, the investigation found that most child labor with
fireworks occurs in private residences, rather than at the
factories, an already well-known fact within NGOs.
Despite this progress, the GoG continues to underfund key
institutions in the fight against child labor. The insufficient
budget for labor inspections ensures that the MOL will have limited
means to pursue relevant cases. Likewise, the lack of technical
level coordination by the Committee to Eradicate Child Labor in
Guatemala reduces effective implementation of the law or other
government-led plans.
MCFARLAND