Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes with interest the detailed information sent by the Government in its report in reply to the general observation on the trafficking of children for purposes of economic or sexual exploitation that the Committee made at its 2004 session. The Committee notes that, as well as legislative measures, the Government has undertaken administrative measures and engaged in advocacy and regional cooperation with other Central American countries, including Guatemala and Honduras, with a view to eliminating these problems.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. In its previous comments, the Committee noted the information provided by the Inter-Union Commission of El Salvador (CATS-CTD-CGT-CTS-CSTS-CUTS) to the effect that the number of children engaged in the worst forms of child labour had increased in the country. Moreover, no measures had been taken to improve knowledge of the worst forms of child labour and eliminate them and that the trade union organizations had not been consulted for this purpose. In this respect, the Government stated that several measures had been taken to eliminate child labour, particularly its worst forms, including: participation in the Time-bound Programme (TBP) on the worst forms of child labour; a national plan drawn up in the context of the TBP to eliminate the worst forms of child labour (2002-05); the preparation of “rapid assessment” studies, enabling five of the worst of forms of child labour to be determined for which there would be priority action: the fireworks industry, the fishing sector, refuse dumps, sugar plantations and sexual exploitation. The Committee requested the Government to provide information on the implementation and outcome of the TBP.

The Committee notes with interest the information provided by the Government to the effect that more than 41,650 children either sexually exploited for commercial purposes or working in the sugar, coffee and fireworks sectors, public refuse dumps and street markets have benefited from the numerous projects implemented under the TBP. Of these, more than 12,040 children have been removed from one of these worst forms of child labour and more than 29,600 have been prevented from working. Furthermore, more than 78,790 children have benefited from various forms of assistance such as vocational training, psychological counselling, health and nutrition services, refresher and literacy courses and school equipment; and around 5,130 parents have likewise benefited indirectly from the projects. The Committee also notes that the National Committee for the Elimination of the Worst of Forms Child Labour, created in 2005, has drawn up a new national plan for the elimination of the worst forms of child labour, the aim of which is to strengthen the legal framework relating to child labour and its worst forms. The Committee furthermore takes due note that the Government is committed to pursuing its efforts to eliminate the worst forms of child labour by preparing and implementing action programmes. The Committee requests the Government to continue to provide information on the implementation of the TBP and the new national plan. Please also send a copy to the Office.

Article 3. Worst forms of child labour. Clause (a). Sale and trafficking of children for the purpose of sexual exploitation. The Committee noted previously that according to the CATS-CTD-CGT-CTS-CSTS-CUTS, an ever-increasing number of boys and girls were sexually exploited in El Salvador. It further noted that, according to the ICFTU, the trafficking of people for the purpose of sexual exploitation, particularly in forced prostitution rings involving children, was a serious problem in El Salvador, the child victims of the trafficking coming from Mexico, Guatemala and other countries in the region for the purposes of prostitution. The ICFTU further indicated that there was an internal trafficking network. The Committee noted in this respect the amendments to sections 169, 170 and 367-B of the Penal Code and observed that, although the legislation was in keeping with the Convention on this point, the sale and trafficking of children for the purpose of sexual exploitation was in practice a problem. The Committee therefore requested the Government to redouble its efforts to ensure effective application of the legislation to protect children against sale and trafficking for the purpose of sexual exploitation, particularly prostitution.

The Committee takes due note of the numerous measures taken by the Government to ensure observance in El Salvador of this provision of the Convention. It notes in particular that the national police force has carried out searches of establishments in various towns, in which a number of child victims of commercial sexual exploitation have been found and the persons directly involved in the crime convicted. The Committee also notes that the Ministry of Governance and the General Directorate of Immigration and the Status of Foreigners have drawn up a bill on immigration and general regulations regarding foreigners. The Committee is of the view that the adoption of this new legislation will improve the protection of children against trafficking, already established in the legislation currently in force in El Salvador. It expresses the hope that the Bill will become law shortly and requests the Government to provide information on any progress made in this matter. It again encourages the Government to redouble its efforts to secure protection for children under 18 years of age against sale and trafficking for the purpose of sexual exploitation, and requests it to continue to provide information on the imposition of penalties in practice, including reports showing the number of convictions.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. National action plan against the commercial sexual exploitation of girls, boys and young persons. With reference to its previous comments, the Committee notes that a working group on the commercial sexual exploitation of boys, girls and young persons, created in 2004, has a mandate to develop a national action plan against the commercial sexual exploitation of girls, boys and adolescents, and has drawn up a strategic plan for the purpose for the years 2006-09. The Committee requests the Government to provide information on the implementation of the strategic plan and to send a copy of it to the Office.

2. Regional project. The Committee notes that a regional project for the prevention and elimination of the commercial sexual exploitation of children in Central America, Panama and the Dominican Republic is being carried out in the country in collaboration with ILO/IPEC. It requests the Government to provide information on the results obtained from implementing the project.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Preventing children from being engaged in the worst forms of child labour and removing them therefrom. 1. Implementation of the TBP. With reference to its previous comments in which it asked the Government to indicate the number of children who will be saved from commercial sexual exploitation following implementation of the TBP, the Committee notes that, according to the Government, the objective of the TBP is to prevent 200 children from being engaged in this worst form of child labour and to remove 100 children from it. It notes in this connection that, according to the statistical data supplied by the Government in its report, 121 children were prevented from being engaged in this worst form of child labour and that 32 were withdrawn from it. The Committee encourages the Government to pursue its efforts and asks it to continue to provide information on the number of children actually prevented from being engaged or removed from this worst form of child labour following implementation of the TBP.

2. Other measures. The Committee takes due note of the many preventive measures taken by the Government to prevent children from being the victims of trafficking for the purposes of commercial sexual exploitation. It notes in particular the following: (i) an increase in the strength of the police force responsible for land, maritime and air frontiers; (ii) the patrolling of land borders shared with Guatemala and Honduras that are not supervised by law; (iii) training of a patrol group composed of Salvadorean and Guatemalan police officers to supervise 25 kilometres of common border; (iv) the adoption of a directive requiring employees of the General Directorate of Immigration and the Status of Foreigners to demand that all minors under 18 years of age leaving the country show their passports and be accompanied by their parents or legal guardians; (v) the opening of accommodation centres at borders for the victims of trafficking; (vi) the implementation of measures for the rehabilitation and social integration of victims of trafficking, such as vocational, refresher and literacy courses and psychological follow-up.

Clause (c). Access to free basic education. The Committee noted previously that, according to the ICFTU, education is compulsory and free until the age of 14 years in El Salvador, but there are extra charges that prevent the children of poor families from attending school. The ICFTU concluded that the authorities should facilitate access to education for children of poor families. The great majority of children who work do so to the detriment of school attendance. The Committee noted that in the context of the TBP, there were educational measures for children removed from the worst forms of child labour in question, particularly the trafficking of children for purposes of commercial sexual exploitation. It requested the Government to provide information on the number of children removed from such labour who have actually been reintegrated in basic education or follow pre-vocational or vocational training courses. The Committee notes that the Ministry of Education has set up education centres in areas with a high rate of child labour and that the centres aim to help children withdrawn from the worst forms of child labour who have studying problems. It notes that at present, more than 3,500 children are benefiting from the refresher courses provided by the education centres.

Clause (d). Children at special risk. In its previous comments, the Committee noted that, according to the CATS-CTD-CGT-CTS-CSTS-CUTS, a growing number of boys and girls are the victims of hazardous working conditions. Street work exposes them to various abuses and accidents. Moreover, the practice of “handing over” boys and girls to families still exists in the country. These children are then used as domestic servants and work for long hours without adequate remuneration and without attending school. The Committee took note of a rapid assessment study on domestic work done by children published by ILO/IPEC in February 2002, according to which 93.6 per cent of children working in domestic service are girls. It expressed concern at the situation of child domestic workers in El Salvador and asked the Government to pursue its efforts and to take the necessary steps to intervene rapidly in this sector. It notes the Government’s statement that it will take the necessary steps for prompt intervention regarding children used as domestic servants. Noting that children used as domestic workers are exploited in various ways, the Committee urges the Government to take immediate steps to protect these children from the worst forms of child labour.

Clause (e). Special situation of girls. The Committee noted previously that according to the document “Combating the Worst Forms of Child Labour in El Salvador (2002-05)”, 66 per cent of the children sexually exploited in the country for commercial purposes are girls, and 34 per cent, boys. It observed that the percentage of girls so engaged was considerable and asked the Government to indicate how it intended to pay particular attention to these girls and remove them from the worst forms of child labour. The Committee takes note of the advocacy activities regarding children who are the most vulnerable to trafficking for commercial sexual exploitation in the country. It takes due note of the information sent by the Government that two guides, one on measures enabling early detection of the commercial sexual exploitation of girls and the other on measures for the protection of victims, have been published.

Article 8. International cooperation and assistance. Poverty reduction. The Committee notes the information sent by the Government that under the programme “Solidarity and Opportunities Network of the Government of El Salvador”, a series of social actions are under way to secure a significant reduction in poverty among 100,000 families distributed in the 100 poorest municipalities of El Salvador. The programme provides for a procedure providing participating families with an economic alternative, in exchange for which the children of the families must attend school. With this programme, the Government hopes to remove a number of children from worst forms of child labour. The Committee requests the Government to provide information on the results obtained from implementation of the programme, particularly the number of children actually removed from worst forms of child labour, particularly the trafficking of children for commercial sexual exploitation.

The Committee is raising other matters in a request addressed directly to the Government.