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RR RUEHWEB

DE RUEHSN #0144/01 0391426
ZNR UUUUU ZZH
R 081425Z FEB 10
FM AMEMBASSY SAN SALVADOR
TO RUEHC/DEPT OF LABOR WASHINGTON DC
RUEHC/SECSTATE WASHDC 0326
INFO WHA CENTRAL AMERICAN COLLECTIVE

UNCLAS SAN SALVADOR 000144 
 
SIPDIS 
DEPT FOR DOL/ILAB AND DRL/TU DANG 
 
E.O. 12958: N/A 
TAGS: PHUM SOCI ELAB ETRD ES
SUBJECT: EL SALVADOR: INFORMATION ON CHILD LABOR AND FORCED LABOR FOR 
DOL CONGRESSIONAL REPORTING REQUIREMENTS 
 
REF: 09 STATE 131997; 08 SAN SALVADOR 699 
 
¶1.  (U) Summary:  Pursuant to Ref A, this cable provides 
information on child labor and forced labor in the production of 
goods in El Salvador as well as prevalence and sectoral 
distribution of exploitative child labor, laws and regulations, 
institutions and mechanisms for enforcement, government policies, 
social programs to eliminate or prevent child labor.  As a country 
eligible for trade benefits under the Generalized System of 
Preferences (GSP), the Government of El Salvador (GOES) supports 
efforts to eliminate the worst forms of child labor.  During 2009, 
the Government of El Salvador, in conjunction with various 
non-governmental organizations (NGOs), conducted 12 programs 
specifically designed to reduce child labor.  There were no new 
laws promulgated in 2009 relating to child labor.  However, the 
Salvadoran government created a strategic plan to better implement 
their child labor strategy.  In 2009, the Ministry of Labor (MOL) 
invested $182,338 to combat child labor.  End Summary. 
 
 
 
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INFORMATION ON THE USE OF FORCED LABOR AND/OR EXPLOITATIVE 
 
CHILD LABOR IN THE PRODUCTION OF GOODS (Task 1/TVPRA) 
 
--------------------------------------------- ------------- 
 
 
 
¶2.  (U) In response to the Department of Labor request for 
information regarding the use of forced labor and exploitative 
child labor in the production of goods in El Salvador as mandated 
by the Trafficking Victims Protection Reauthorization Act of 2005, 
post notes that the list of goods provided is not indicative of the 
level of forced labor or exploitative child labor in El Salvador. 
The most recent comprehensive and reliable data regarding child 
labor was published in a 2004 ILO report, Understanding Children's 
Work in El Salvador.  There are no final reports on goods produced 
by forced labor, and no NGO could provide detailed information on 
the incidence of forced labor in El Salvador.  The information in 
this cable is based on information provided by the ILO, employees, 
employers, press reports, and LABOFF's site visits. 
 
 
 
¶3.  (U) According to the 2008 School Registration Census, there are 
109,065 children who work; 42 percent of them work in the 
agricultural sector.  It also revealed that 3.18 percent of 
children work in the sugar sector; 11.12 percent in the coffee 
sector; 2.59 percent in the fishing sector; 12.06 percent are 
street vendors; 14.75 percent in domestic households; 1.79 percent 
in services; 0.58 percent in garbage scavenging; 0.15 percent in 
the production of fireworks; and 11.33 percent in other activities. 
 
 
 
 
¶4.  (U) In 2009, the MOL conducted 21,543 inspections in all 
sectors of economy.  The following goods are alleged to be produced 
with exploitative child labor or forced labor: 
 
 
 
------ 
 
Coffee 
 
------ 
 
 
 
¶5.  (U) Although the Government of El Salvador (GOES) has not 
classified coffee production as one of the worst forms of child 
labor, children are used extensively in the harvesting of coffee, 
in part because of cultural influences, and in part because of 
family sustenance needs.  Many of the children who work alongside 
family members are not paid; rather they are seen as helpers. 
According to credible sources, during the coffee harvest season, 
some children do not attend the beginning of the school year 
(January-February). 
 
 
¶6.  (U) LABOFF has conducted trips to coffee plantations located in 
the Western zone of the country, and observed children of all ages 
employed during the coffee harvest. 
 
 
 
¶7.  (U) From January to December, the MOL reported conducting 841 
scheduled inspections and 207 unscheduled inspections in coffee 
plantations.  (Note:  These inspections do not specifically focus 
on child labor.  End Note.)  The MOL did not provide us with the 
results of these inspections. 
 
 
 
----- 
 
Sugar 
 
----- 
 
 
 
¶8.  (U) Sugar harvesting is one of the worst forms of child labor 
in El Salvador.  In spite of the Salvadoran Sugar Association's 
efforts to eliminate child labor in sugar cane plantations, 
children frequently participate in the sugar harvest ("zafra"). 
However, according to a 2009 Human Rights Watch report, child labor 
in the sugarcane industry dropped by 70 percent between 2003 and 
¶2008. 
 
 
 
¶9.  (U) During the year, the government reported it conducted 207 
labor inspections in sugar cane plantations. 
 
 
 
¶10.  (U) During the year, the Salvadoran Sugar Association reported 
that it conducted 780 inspections, or approximately 11 to 12 daily 
inspections. 
 
 
 
¶11.  (U) Information contained in ref B remains valid. 
 
 
 
------------------------------ 
 
Fishing and Mollusk Extraction 
 
------------------------------ 
 
 
 
¶12.  (U) During the year, the MOL conducted 13 inspections in the 
fishing sector.  Information contained in ref B remains valid. 
 
 
 
--------- 
 
Fireworks 
 
--------- 
 
 
 
¶13.  (U) As of February 3, the MOL had not reported how many 
inspections of fireworks companies were conducted.  Information 
contained in Ref B remains valid. 
 
 
 
---------------------------------------- 
 
Garments and Other Agricultural Products 
 
---------------------------------------- 
 
 
 
¶14.  (U) Information contained in Ref B remains valid. 
 
 
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2A. INFORMATION ON PREVALENCE AND SECTORAL DISTRIBUTION 
 
OF EXPLOITIVE CHILD LABOR (Task 2/ TVPRA) 
 
--------------------------------------------- -------------- 
 
 
 
¶15.  (U) In El Salvador, the International Labor Organization 
(ILO), whose regional headquarters are in Costa Rica, has taken the 
lead to analyze the prevalence and sectoral distribution of 
exploitative child labor.  The Department of Labor can obtain 
statistical information directly from the ILO. 
 
 
 
------------------------ 
 
2B. Laws and Regulations 
 
------------------------ 
 
 
 
¶16.  (U) El Salvador has not enacted new laws on child labor. 
 
 
 
¶17.  (U) The Salvadoran Constitution prohibits child labor under 
the age of 14.  It also prohibits child labor for older children 
while they are still receiving compulsory education through the 
ninth grade.  Minors aged 14 or older may receive special 
permission from the MOL to work, but only where such employment is 
indispensable to the sustenance of the minor and his or her family. 
However, according to the Labor Code, children aged 12 to 14 can be 
authorized to perform light work, as long as it does not harm their 
health and development or interfere with their education. Children 
under 16 years of age are prohibited from working more than seven 
hours per day and 34 hours per week. Children under the age of 18 
are prohibited from working at night. 
 
 
 
¶18.  (U) The Labor Code prohibits types of work that will likely 
harm the safety or morals of children.  In 1999, the Government of 
El Salvador submitted to the ILO a document identifying hazardous 
forms of work prohibited for minors under Convention 182 and 
Convention 138.  There were no new laws promulgated in 2009 
relating to child labor. 
 
 
 
¶19.  (U) Forced or compulsory labor is prohibited by the 
Constitution, except in cases of public calamity and other 
instances specified by the law.  All forms of slavery or practices 
similar to slavery are forbidden under a general provision of El 
Salvador's Constitution, as well as the Criminal Code.  The sale 
and trafficking of children, debt bondage, and serfdom are 
specifically penalized in the Criminal Code.  Criminal penalties 
for trafficking range from four to eight years of imprisonment, and 
increase by one-third if the victim is under the age of 18 years. 
 
 
 
¶20.  (U) As of February 2010, El Salvador is not taking steps to 
better define exploitative work as it pertains to domestic 
servitude.  However, the ILO is working with the MOL to better 
define jobs that are considered hazardous based on ILO Convention 
¶182.  The ILO advocates augmenting assistance provided to victims, 
and to better track information on commercial sexual exploitation 
and trafficking in persons.  The ILO also supports El Salvador's 
new children's law, which creates a role for municipalities in the 
elimination child labor.  The law will enter into force in April 
¶2010. 
 
 
 
¶21.  (U) Military recruitment of children is not permitted. 
However, voluntary service can begin at age 16. 
 
 
 
¶22.  (U) The use, procurement, or offering of a child for 
prostitution, for the production of pornography, or for 
 
 
pornographic performances is penalized in the Constitution. 
Although the Criminal Code does not criminalize prostitution per 
se, it penalizes the inducement, facilitation, or promotion of 
prostitution of a person younger than 18 years old.  The Penal Code 
considers the commercial sexual exploitation of children, 
trafficking of children, and child pornography forms of organized 
crime, and provides harsher penalties for such crimes.  The law 
that regulates drug-related activities penalizes the use of 
children for illicit activities. 
 
 
 
--------------------------------------------- -- 
 
2C. Institutions and Mechanisms for Enforcement 
 
--------------------------------------------- -- 
 
 
 
¶23.  (U) The MOL provided no report of child labor complaints. 
However, child labor is culturally acceptable in El Salvador, and 
historically, complaints are rare.  The MOL has 159 labor 
inspectors, but none work specifically on child labor issues. 
However, there are 15 inspectors that work as liaison officers 
between the MOL's Child Labor Unit and the Inspection Unit.  There 
are also four child labor specialists attached to the Child Labor 
Unit of the MOL.  During the year, the MOL inspections found 82 
children engaged in child labor.  The MOL also reported that 107 
children were removed from child labor activities (70 boys and 37 
girls).  The MOL imposed six fines during the year. 
 
 
 
¶24.  (U)During the year, the MOL reported that it conducted 19,862 
inspections in the commercial and service sectors, where child 
labor is rare, and 1,681 inspections in agriculture, where child 
labor is common. 
 
 
 
¶25.  (U) In the last decade (1999-2009) the MOL has removed 22,166 
from child labor activities. 
 
 
 
¶26.  (U) During the year, the Attorney General's Office reported 
that it investigated 72 cases, and prosecuted eight cases, 
resulting in eight convictions, with sentences ranging from four to 
eight years of imprisonment.  The government reported it invested 
$574,277.82 to assist TIP victims. 
 
 
 
¶27.  (U)  In general, the GOES has demonstrated commitment to 
combat the worst forms of child labor, and is working closely with 
the ILO in this regard. 
 
 
 
------------------------------------- 
 
2C Section 1:  Hazardous Child Labor 
 
------------------------------------- 
 
 
 
¶28.  (U) The MOL, the Attorney General's Office, and the National 
Civilian Police are the agencies responsible for the enforcement of 
laws relating to hazardous child labor.  However, there are no 
specific regulations pertaining to hazardous child labor other than 
those found in the Constitution, and a general provision in the 
criminal code (Article 244) that cover all labor violations. 
Neither the MOL nor the Attorney General's Office has received 
complaints on hazardous child labor.  The ILO is working with the 
Salvadoran government to better define hazardous child labor in 
Salvadoran legislation.  The remaining questions do not apply to El 
Salvador. 
 
 
 
---------------------------------------- 
 
2C Section 2:  Exploitative Child Labor 
 
 
---------------------------------------- 
 
 
 
¶29.  (U) Enforcement of exploitative child labor law is the 
responsibility of the MOL, the Attorney General's Office, and the 
National Civilian Police.  The information reported on hazardous 
child labor applies to exploitative child labor.  The MOL did not 
receive any complaints on exploitative child labor or hazardous 
child labor.  The 2006-2010 National Plan to Eradicate the Worst 
Forms of Child Labor places the MOL in charge of reviewing, 
updating, and modernizing the legal framework related to child 
labor, as well as increasing legal oversight and labor inspections 
to prevent and eradicate hazardous job conditions. 
 
 
 
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2D. Institutional Mechanisms for Effective Enforcement 
 
--------------------------------------------- --------- 
 
 
 
¶30.  (U) On February 4, the government reported that there are four 
social workers and 16 police officers employed to conduct 
investigations on trafficking in person in general, including 
commercial sexual exploitation.  However, there is no data 
available on the number of children that were rescued through these 
procedures.  The government believes the number of social workers, 
investigators, and funding is not adequate.  However, the 
government did not provide an estimate of their funds available to 
enforce child labor laws and related crimes. 
 
 
 
¶31.  (U) Although the government does not maintain a hotline 
exclusively for the reporting of child labor crimes, last year, the 
International Organization for Migration (OIM) trained police 
officers who handle 911 emergency calls to identify trafficking 
victims.  If the police identify a TIP victim, the case is 
submitted to the TIP specialized unit.  The government reported 
that approximately 30 percent of the total phone calls received 
were related to TIP issues.  In all cases, there were minors 
involved, and approximately in 60 percent of the cases, the minors 
were rescued. 
 
 
 
-------------------------------- 
 
2D Section 1:  Child Trafficking 
 
-------------------------------- 
 
 
 
¶32.  (U) The National Civilian Police (PNC), the Immigration 
Office, and the Office of the Attorney General (FGR) are the 
government agencies responsible for enforcing trafficking laws. 
Administrative complaints of child labor violations, which are 
forwarded to the MOL, are different from crimes such as trafficking 
in persons or offering a child for pornographic or prostitution 
services, which are enforced by the FGR in conjunction with the 
PNC. 
 
 
 
¶33.  (U) In general, the legal remedies for trafficking are 
adequate to punish violations, but are likely to provide little 
deterrence, due to economic, cultural, and social conditions.  The 
legal remedies for child labor are rarely enforced, providing 
little punishment or deterrence. 
 
 
 
¶34.  (U) During the year, the FGR reported that it investigated 72 
cases, and prosecuted eight cases.  During the year, judges 
convicted eight defendants, who received sentences ranging from 
four to eight years of imprisonment.  The government reported that 
it invested $574,277.82 to assist TIP victims. 
 
 
 
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2D Section 2: Commercial Sexual Exploitation of Children 
 
--------------------------------------------- ------------ 
 
 
 
¶35.  (U) The MOL Coordinates the National Roundtable to Combat 
Commercial Sexual Exploitation of Children.  This table is composed 
of government agencies and NGOs, led by the National Committee to 
Eliminate the Worst Forms of Child Labor.  During the year, this 
committee trained 77 public officers on child pornography and 
internet risks.  They have also trained prosecutors and judges on 
scientific evidence to prove commercial sexual exploitation and 
trafficking in persons. 
 
 
 
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2D Section 3:  Use of Children in Illicit Activities 
 
--------------------------------------------- -------- 
 
 
 
¶36.  (U) Because the use of children in illicit activities in El 
Salvador is related to the country's gang problem, the National 
Public Security Council is the agency that addresses this issue. 
There is no information available on how much funding the National 
Public Security Council devotes exclusively to prevent the use of 
children in illicit activities.  However, there are 19 police 
officers attached to the Anti-Gang Task Force. 
 
 
 
-------------------------------------- 
 
2E. Government Policies on Child Labor 
 
-------------------------------------- 
 
 
 
¶37.  (U) In 2006, the government launched its first National Plan 
for the Elimination of the Worst Forms of Child Labor.  The 
Ministries of Labor, Education, Health, Agriculture, Foreign 
Affairs, Tourism, Governance, Economy, and the National Secretariat 
for the Family, the National Secretariat for Youth, the National 
Institute for the Development of Children and Adolescents, in 
conjunction with the Small and Medium Enterprises Committee, the 
National Superior Labor Council, the National Round Table against 
Sexual Commercial Exploitation and the National Committee for the 
Elimination of the Worst Forms of Child Labor, joined efforts with 
the ILO/IPEC International Program on the Elimination of Child 
Labor to launch a four-year national plan to eliminate the worst 
forms of child labor. The government reports that it is currently 
in Phase III of the National Plan. 
 
 
 
¶38.  (U) On April 30, 2009, the Legislative Assembly unanimously 
amended article 56 of the Salvadoran constitution to declare 
education free and compulsory through high school. 
 
 
 
¶39.  (U) On November 23, 2009, the ILO and other non-governmental 
organizations, private enterprise, and labor unions, with the 
support of the MOL, approved a national strategy to eliminate the 
worst forms of child labor in El Salvador.  The strategy provides 
indicators and general goals aimed at combating the worst forms of 
child labor.  For more information please see: 
http://www.ilo.org/ipecinfo/product/download. do?type=document&id=12 
163 
 
 
 
¶40.  (U) At present, the ILO, in conjunction with the MOL, are 
implementing the second stage of a program to eliminate the worst 
forms of child labor.  The program has removed 3,488 children from 
child labor activities, and it has prevented 9,555 children from 
becoming child laborers.  This program aims to strengthen El 
Salvador's ability to eliminate the worst forms of child labor 
through the promulgation of public policies, the creation of a 
reliable child labor data base, and improvements in government 
 
 
services to children and their families.  This program also aims at 
creating a model for children's assistance through formal and 
informal education, professional training, occupational safety and 
health training, and public and private monitoring of child labor 
conditions in their communities. 
 
 
 
¶41.  (U) One component of the national strategy is the creation of 
social policies to reduce poverty and child labor.  This effort is 
related to a program called Urban and Rural Solidarity Communities, 
which provides a conditional payment of $30 per month for poor 
families. 
 
 
 
¶42.  (U) The GOES provided $13,495,195 to finance a child labor 
strategic plan ("Hoja de Ruta") by providing educational services 
through the Ministry of Education.  Overall, MOL has invested 
$182,338 to combat child labor.  The ILO reported that the 
government also provides non-monetary support to child labor plans. 
 
 
 
¶43.  (U) The Government participates in the National Roundtable to 
Combat Child Labor.  During the year, this resulted in government 
efforts to train 77 public officers on child pornography issues.  A 
credible source reported that this year, this table has been 
particularly quiet due to bureaucratic procedures in the new 
administration. 
 
 
 
¶44.  (U) The GOES did not sign any bilateral agreements to combat 
child labor in 2009.  However, the government ratified ILO 
Convention 182. 
 
 
 
--------------------------------------------- --------- 
 
2F. Social Programs to Eliminate or Prevent Child Labor 
 
--------------------------------------------- --------- 
 
 
 
¶45.  (U) In 2009, the GOES, in conjunction with nine NGOs and other 
organizations, conducted 12 programs designed to reduce child 
labor. 
 
 
 
¶46.  (U) There were eight ILO programs implemented in El Salvador, 
financed by the USDOL, aimed at withdrawing 3,286 children from 
child labor activities; and they expected to prevent 7,926 children 
from child labor. 
 
 
 
¶47.  (U) The European community has also financed one program to 
eliminate and prevent child labor.  The target population is 
children and their parents who work as street vendors in La 
Libertad Department. 
 
 
 
------------------------------------------ 
 
El Salvador's Continual Progress Toward 
 
Eliminating the Worst Forms of Child Labor 
 
------------------------------------------ 
 
 
 
¶48.  (U) In 2009, the FGR reported that it investigated 72 cases 
(including an investigation of the former FGR Coordinator on TIP 
issues), in comparison to 81 cases investigated and eight cases 
prosecuted in 2008. 
 
 
 
¶49.  (U) During the year, judges convicted eight defendants, in 
comparison to one conviction in 2008.  Defendants received 
 
 
sentences ranging from four to eight years imprisonment. 
 
 
 
¶50.  (U) According to the 2007 Multiple Household Survey conducted 
by the Ministry of Economy, El Salvador has reduced the percentage 
of working children from 10.2 in 2003 to 5.9 in 2007.  (Comment: 
Because child labor is often considered socially acceptable, the 
reliability of these numbers is uncertain.  Additionally, there are 
serious differences between the 2003 data projection that the GOES 
was using, based in the 1992 census, and the 2007 census.  Prior to 
the 2007 census, the government made projections based on a 
population of 7.5 million inhabitants; the 2007 census indicated 
that El Salvador's population is 5.8 million). 
McGEE