VZCZCXYZ0001
OO RUEHWEB

DE RUEHBU #0253/01 0681952
ZNR UUUUU ZZH
O 091952Z MAR 09
FM AMEMBASSY BUENOS AIRES
TO RUEHC/SECSTATE WASHDC IMMEDIATE 3180
RUEHC/DEPT OF LABOR WASHINGTON DC IMMEDIATE
INFO RUEHGV/USMISSION GENEVA 0748
RUCNMER/MERCOSUR COLLECTIVE

UNCLAS BUENOS AIRES 000253 
 
DOL FOR ILAB TINA MCCARTER 
DEPT FOR DRL/ILCSR TU DANG 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: ELAB EINV ETRD PHUM SOCI AR
SUBJECT: ARGENTINA: CHILD LABOR INFORMATION FOR TRADE AND 
DEVELOPMENT ACT (GSP) 2008 REPORT 
 
REF: 08 STATE 127448 
 
THIS CABLE IS SENSITIVE BUT UNCLASSIFIED. NOT FOR INTERNET 
DISTRIBUTION. 
 
¶1. (SBU) Per reftel instructions, below please find post's input to 
reftel's request for information on Argentina's efforts to implement 
their international commitments to eliminate the worst forms of 
child labor.  Post requests that the Department of Labor not cite 
the Embassy as a source in its Child Labor report, given host 
government sensitivities to such reporting.  Instead, post requests 
that the Department of Labor cites the publicly available websites 
that we provide below.  In addition, post would appreciate the 
Department of Labor providing advanced notification of the report's 
publication along with press guidance to use locally. 
 
¶2.  (SBU) Our response is keyed to questions raised in reftel. 
 
A) Laws and regulations proscribing the worst forms of 
child labor. Please provide answers to the following 
questions: 
 
-- What laws have been promulgated on child labor in the 
country?  What is the country's minimum age for admission to work? 
Are there exceptions to the minimum age law? 
 
In June, the Argentine Congress passed law 26.390 raising the 
minimum age for employment from 14 to 15, which will increase to 16 
in 2010.  The law stipulates that children above 14 are allowed to 
work a maximum of three hours a day and 15 hours a week provided 
they attend school and the activities are not dangerous.  The text 
of the law can be found at: 
http://www.infoleg.gov.ar 
/infolegInternet/anexos/ 
140000-144999/141792/norma.htm 
 
Argentina ratified in 1996 the ILO's Convention 138 on the Minimum 
Age for Employment. 
 
-- What is the minimum age for admission to hazardous work, 
and what additional provisions has the country enacted 
regarding children's involvement in hazardous work? 
 
According to Article 10 of Law 26.390, the minimum age to perform 
hazardous work is 18. 
 
Argentina ratified in 2001 the ILO Convention 182 on the Eradication 
of the Worst Forms of Child Labor. 
 
In June 2006, the National Commission to Eradicate Child Labor 
(CONAETI) approved a new list of hazardous jobs for children, but it 
is still awaiting Ministry of Labor approval. 
 
-- What laws have been promulgated on the worst forms of 
child labor, such as forced child labor and trafficking 
or child prostitution and pornography? 
 
In April 2008, the Argentine Congress passed law 26.364 
criminalizing Trafficking in Persons.  The law specifically 
prohibits internal and international trafficking in persons both for 
sexual and labor exploitation purposes.  In accordance with criminal 
regulations, the penalties set by the law range from three to 15 
years in prison depending on the age of the victim, the number of 
victims, if the crime was organized by three or more persons, or 
perpetrated by an official, a family member, partner, guardian, 
religious figure, or teacher.  The penalty is four to 10 years in 
prison for those who offer, capture, transport, accept, or receive 
persons under the age of 18, for the purpose of exploitation.  The 
penalty ranges from six to 15 years of age if the victim is less 
than 13 years of age.  In either case, the penalty is 10 to 15 years 
in prison if any of the aforementioned aggravating factors are 
present.  The text of the law can be found at: 
http://www.migraciones.gov.ar/ 
pagina4/espanol/pdf/ 
normativas/ley_26364.pdf. 
 
In June 2008, the Argentine Congress passed law 26.388 criminalizing 
child pornography.  For those who produce, finance, market, 
distribute, or facilitate the filming or live showing of child 
pornography, the penalty is six months to four years in prison.  For 
possession of child pornography with intent to distribute, the 
penalty is four months to two years in prison.  For those who 
facilitate the access of a minor to pornographic shows or materials, 
the penalty is one month to three years in prison.  There is no 
criminal sanction for simple possession of child pornography.  The 
text of the law can be found at: http://www.infoleg.gov.ar/ 
 
infolegInternet/anexos/ 
140000-144999/141790/norma.htm 
 
-- Please specify what worst forms are prohibited and 
describe penalties for violations. 
 
As mentioned previously, CONAETI's draft list of hazardous jobs for 
children is not publicly available as it is still awaiting Ministry 
of Labor approval. 
 
-- What is the country's minimum age for military recruitment and/or 
involvement in armed conflict? 
 
Argentina does not have a compulsory military draft. Individuals 
under the age of 18 may not be involved in armed conflicts. 
 
-- If the country has ratified ILO Convention 182 on the 
Worst Forms of Child Labor, has it developed a list of occupations 
considered to be worst forms of child labor, 
as called for in Article 4 of the Convention? 
 
Argentina has ratified ILO Convention 182.  CONAETI has developed a 
list of occupations considered to be the worst forms of child labor 
but it is still waiting Labor Ministry approval. 
 
B) Regulations for implementation and enforcement of 
proscriptions against the worst forms of child labor 
 
-- What legal remedies are available to government agencies 
that enforce child labor and worst forms of child labor 
laws (civil fines, criminal penalties, court orders), and 
are they adequate to punish and deter violations? 
 
Labor inspectors may impose fines for employing underage workers, 
ranging from 1,000 to 5,000 pesos ($275 to $1,370) for each child 
employed.  In certain cases, labor inspectors may also close 
businesses.  Inspectors may also refer cases to judges for further 
investigation and possible court proceedings, if warranted.  Post is 
unaware of any court investigations into child labor cases in 2008. 
 
 
-- To what extent are violations investigated and 
addressed? 
 
Provincial governments and the city government of Buenos Aires are 
responsible for labor law enforcement.  Post is unaware of publicly 
available statistics that could help evaluate the extent to which 
violations are investigated and addressed. 
 
-- What level of resources does the government devote to 
investigating child labor and worst forms of child labor 
cases throughout the country? 
 
This information is not publicly available. 
 
-- How many inspectors does the government employ to 
address child labor issues? 
 
According to CONAETI, there are 800 inspectors dedicated to child 
labor investigations. 
 
-- How many police or other law enforcement officials 
address worst forms of child labor issues? 
 
Although the police and other law enforcement agencies do not have a 
unit dedicated to child labor issues, each of the law enforcement 
agencies has a specialized trafficking in persons unit which can be 
called on to organize raids on locales suspected of child sexual and 
labor exploitation. 
In addition, the federal police has a division dedicated to crimes 
against minors, which can also be called upon in investigations into 
child labor exploitation. 
 
-- How many child labor investigations have been conducted 
over the past year and how many have resulted in fines, 
penalties, or convictions? 
 
Post is unaware of publicly available statistics on the number of 
child labor investigations conducted over the past year. 
 
However, in 2008, the Buenos Aires Province Ministry of Labor fined 
the poultry company "Nuestra Huella" AR 600,000 (USD 171,000) for 
child and forced labor, as well as tax evasion after the press 
reported an undercover investigation conducted by NGO La Alameda 
that turned up photos and footage of the conditions found at the 38 
farms run by the company.  The investigation revealed that children 
 
as young as two years-old were working from sun-up to sun-down, 
seven days a week, among chicken excrement, flies, rodents, and 
dangerous chemicals.  The original lawsuit was brought by a worker 
who along with his wife and six children worked on a farm which had 
an electric fence around the perimeter to restrict employee 
movement.  He claimed that his wife was not allowed to go to the 
hospital when she miscarried at six months due to the harsh labor 
conditions.  According to the press, the worker later taped phone 
conversations with a member of the rural workers labor union, UATRE, 
who offered hush money from the company's president.  UATRE denies 
the claims and maintains that the children seen working are actually 
playing.  Although the media reports that the company has yet to 
pay, CONAETI claims that the company has in fact paid the fine. 
Other actions against the company are still pending. 
 
-- How many investigations into worst forms of child labor 
violations have been conducted over the past year and how 
many have resulted in prosecutions and convictions? 
 
Post is unaware of publicly available statistics on the number of 
investigations into worst forms of child labor violations conducted 
over the past year. 
 
-- Has the government provided awareness-raising and/or 
training activities for officials charged with enforcing 
child labor laws or worst forms of child labor laws? 
 
Yes.  CONAETI conducted seminars with the 19 provincial commissions 
for the eradication of child labor to train provincial authorities 
responsible for enforcing labor laws and raising awareness regarding 
exploitive child labor.  It also provided technical assistance to 
NGOs addressing child labor in the tobacco and trash-picking 
sectors, including workshops with tobacco producers to encourage 
corporate social responsibility on child labor issues. 
 
C) Whether there are social programs specifically 
designed to prevent and withdraw children from the worst 
forms of child labor. Please provide answers to the 
following questions: 
 
-- What initiatives has the government supported to prevent 
children from entering exploitive work situations, to 
withdraw children engaged in such labor, and to advocate 
on behalf of children involved in such employment and 
their families? 
 
In 2007, CONAETI created the Corporate Network to Fight Child Labor, 
which includes 63 prominent Argentine companies including the 
tobacco and cotton chambers of industry.  The Network, along with 
CONAETI and the Ministry of Labor, meet every two months and discuss 
a yearly development plan.  In November 2008, CONAETI, the Ministry 
of Labor, and the Network organized a conference on "The Role of the 
Media in the Prevention and Eradication of Child Labor."  More 
information can be found at: http://www.trabajo.gov.ar/ 
conaeti/institucional/ 
infantil.html 
 
In 2008, CONAETI and the Ministry of Education launched an 
initiative to provide scholarships to reintegrate children who have 
dropped out of school to work, and supports children who work and 
attend school. The program also provides children's parents with job 
search assistance and job training.  According to CONAETI, 5,000 
children and adolescents received scholarships in 2008.  Labor 
inspectors have referred another 29,000 children and adolescents to 
the program.  CONAETI indicates that these children are in the 
process of receiving scholarships for the next school year.  More 
information on the program can be found at: http://www.me.gov.ar/ 
todosaestudiar/ 
 
 
D) Does the country have a comprehensive policy aimed at 
the elimination of the worst forms of child labor? Please 
provide answers to the following questions: 
 
-- Does the country have a comprehensive policy or national 
program of action on child labor or specific forms of 
child labor? Does the country incorporate child labor specifically 
as an issue to be addressed in poverty reduction, development, 
educational or other social policies or programs, such as Poverty 
Reduction Strategy Papers, etc?  If so, to what degree has the 
country implemented the policy and/or program of action and achieved 
its goals and objectives? 
 
Argentina has and continues to implement a National Plan to Combat 
Child Labor, which calls for the national consolidation of data, 
awareness raising, inter-institutional collaboration, stronger 
 
inspection mechanisms, mainstreaming of child laborers into the 
formal education system, research, coordination of child labor laws, 
and a national program for the prevention and eradication of child 
labor in rural and urban settings.  The purpose of the plan is to 
prevent school attrition, provide psychological and health 
assistance to children, and strengthen families. 
 
In September 2008, the Argentine government, representatives of the 
General Labor Confederation (CGT), and the National Industrial 
Association signed a Memorandum of Understanding for the 
Implementation of the 2008-2011 Program for Decent Work in 
Argentina, with the technical support of the International Labor 
Organization.  The Program includes provisions to prevent and 
eradicate child labor as well as improve decent work opportunities 
for youth.  The MOU aims to strengthen GOA and other actors' 
capacity to develop, monitor and assess policies to prevent or 
eradicate child labor, including public awareness campaigns.  The 
MOU specifically mentions two projects to eliminate children 
participation in trash-picking in urban areas and agricultural 
production in rural areas.  The MOU also seeks to improve 
Argentina's inspection system, not only to eradicate child labor but 
also to protect adolescent work, in accordance with Law 26.390. More 
information can be found at, www.oit.org.ar/ 
pagina.php?pagina=606 
 
 
-- Is education free in law and in practice?  Is education 
compulsory in law and in practice? 
 
While the law provides for free and compulsory education for 13 
years, beginning at age five, it is not always enforced effectively. 
 In October 2008, the Minister of Social Development of Buenos Aires 
province estimated that there were approximately 400,000 children 
who neither worked nor attended school in the Province alone. 
 
E) Is the country making continual progress toward 
eliminating the worst forms of child labor? 
 
 
-- What are the specific sectors/work activities/goods in which 
children work and how has this changed over the past year?  Please 
note where possible any relevant 
characteristics about the children involved including 
gender, ethnic group, religion, age, etc. 
 
In rural areas of Argentina, children are involved in the production 
and harvesting of many crops, but it is questionable whether that 
involvement would be considered significant from our viewpoint, or 
whether it should be considered child labor.  Many children work in 
the harvest alongside their families during their summer vacation, 
much like many children in the United States have done for decades. 
 
 
In urban areas, children are engaged in domestic service, food 
preparation, street sales, trash recycling, and garment production. 
They also work in small and medium-sized businesses and workshops, 
and they perform odd jobs such as opening taxi doors, washing car 
windshields, and shining shoes.  There were some reports that 
children and adolescents were used as drug runners because they 
would not be sent to jail if they were caught.  According to the 
press, the Minister of Justice estimated that approximately 5,000 
children are involved in sex tourism and child pornography. 
 
WAYNE