US embassy cable - 03GUATEMALA2108

UNCLAS SECTION 01 OF 02 GUATEMALA 002108 
 
SIPDIS 
 
USDOL FOR ILAB:TINA FAULKNER 
DEPT FOR DRL/IL:MARINDA HARPOLE 
 
E.O. 12958: N/A 
TAGS: ELAB, EIND, ETRD, PHUM, SOCI, GT, USAID 
SUBJECT: CHILD LABOR UPDATE: GUATEMALA 
 
REF: A. STATE 193266 
     B. 02 GUATEMALA 2682 
     C. GUATEMALA 605 
 
1.  Summary:  In response to Ref A, this cable provides 
update information to supplement Refs B (last year's Child 
Labor report, which otherwise remains valid) and C (Guatemala 
Anti-Trafficking in Persons Report).  Significant child labor 
developments over the past year include publication of a new 
authoritative report in March on child labor produced by the 
ILO, UNICEF and the World Bank, entitled "Understanding 
Children's Work in Guatemala;" the entry into effect of ILO 
Convention 182 on October 11, 2002; the installation of a 
National Commission for the Elimination of Child Labor on 
October 29, 2002; the introduction of Labor Code reforms to 
Congress by the Executive on May 5 (where they remain 
pending), to bring domestic legislation in line with ILO 
commitments; and Congressional approval of a new Children's 
Code in June.  While many of these developments are 
encouraging, the magnitude of the child labor problem in 
Guatemala continues to worsen.  End Summary. 
 
Major Findings of New Child Labor Report 
---------------------------------------- 
 
2.  The ILO/UNICEF/World Bank report was prepared in 
cooperation with the Government and National Statistical 
Institute, and is based on a national living conditions 
survey conducted in 2000 involving a stratified sample of 
7,276 households and a total of 38,000 persons.  Notable 
results include: 
 
-- "The prevalence of children in the workforce appears to be 
rising in Guatemala."  The latest national employment survey, 
in 2002, estimated 23% of children were involved in work, up 
from 20% in 2000, 14% in 1998-99, and 8% estimated in 1994. 
Note: each of these estimates came from difference sources 
and may not reflect the same methodology. 
 
-- 507,000 children aged 7-14 years, (20% of this age group) 
are engaged in work. 
 
-- Children,s work is mainly a rural phenomenon.  Rural 
children make up three-fourths of total child workers and are 
twice as likely as urban children to work. 
 
--Around 300,000 children aged 7-14 (12% of this age group) 
perform household chores for at least four hours per day. 
(The proportion of 7-14 year old girls performing these 
chores is triple that for boys.) 
 
-- Most working children (two-thirds) are found in the 
agricultural sector and work for their families without wages. 
 
-- Children,s work involves very long hours (average: 47 
hours per week). 
 
--  Children can face hazardous conditions in many sectors, 
including domestic service in private homes, firecracker 
production, agricultural work, mining and quarrying, and 
garbage picking. 
 
-- "Unconditional Worst Forms" of Child Labor in Guatemala 
include child prostitution and child pornography.  Though the 
extent of child trafficking is not known, Guatemala is both a 
source for and destination of trafficked children.  The 
government indicates that the number of street children has 
increased in recent years (est. 3,500-8,000). 
 
-- Work interferes with children,s education. 
 
-- Determinants of children,s work include gender, 
ethnicity, poverty, mother's educational status, household 
composition, exposure to collective and individual crises, 
and lack of health insurance. 
 
-- The report suggests the following strategies to combat 
child labor in Guatemala:  reduce household vulnerability; 
increase access to and quality of education; improve access 
to basic services; promote adult literacy; in rural areas, 
increase school enrollment of child agricultural workers and 
remove children from the most hazardous forms of work; in 
urban areas, remove children from urban workplaces, 
especially girls working as domestic servants, and increase 
the ability of households to invest in their children,s 
education; fill the information gap on the worst forms of 
child labor and strengthen grassroots organizations to better 
reach street children. 
 
-- Finally, the report recommends bringing national 
legislation into conformity with international child labor 
norms and strengthening the Government's ability to enforce 
and monitor this legislation. 
 
ILO 182 Takes Effect: National Commission Created 
--------------------------------------------- ---- 
 
3.  Twelve months after its ratification, ILO Convention 182 
on the Worst Forms of Child Labor went into effect.  On 
October 29, President Portillo inaugurated the new National 
Commission for the Elimination of Child Labor, presided over 
by the Vice President, and including various ministries and 
government institutions, and representatives of the ILO, 
UNICEF, Save the Children Norway, and German Technical 
Cooperation (GTZ).  The Commission's objective is to support 
the implementation of the National Plan to Eliminate Child 
Labor (under age 14) and Protect Adolescent Workers (ages 
14-17).  The Commission and its secretariat working group, 
which meets weekly, has been active since its creation, 
developing an operation plan to implement the National Plan. 
It proposed a funding level of $769,000 for implementation of 
the Plan in the 2004 national budget. 
 
GOG Proposes New Labor Code Reforms 
----------------------------------- 
 
4.  On May 5, the Executive submitted a package of five 
reforms to the Labor Code, including one which proposes to 
prohibit paid labor under age 14 (currently the Labor 
Ministry can issue permits for workers under age 14; the 
Ministry reported issuing 1,012 such permits in 2001, the 
latest year for which statistics are available).  The reform, 
pending before Congress, also proposes applying limited work 
hours and protections currently in place for workers under 14 
to adolescent workers (ages 14-17); holds employers 
responsible for any violations of age requirements, including 
fines not less than ten times the year in which the child 
worker was born; and prohibits all dangerous and worst forms 
of labor for workers under age 18, as defined under ILO 
Convention 182.  The ILO has submitted comments and suggested 
revisions to the draft bill to the Minister of Labor. 
 
Children's Code Passed 
---------------------- 
 
5.  On June 4, Congress approved the Law for Integrated 
Protection of Children and Adolescents, which took effect in 
July.  The new law modified an earlier version passed in 
1999, which proved controversial and therefore never took 
effect.  The current law codifies a long list of individual 
rights enjoyed by children, including the right to protection 
against trafficking in children and adolescents, against 
economic exploitation, against sexual exploitation and abuse; 
and creates a National Commission on Children and 
Adolescents. 
WHARTON