Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Guatemala (Ratification: 2001)

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.