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DE RUEHGT #0232/01 0352110
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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 
 
¶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