Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Repetition

Articles 3(b) and 7(2)(b) of the Convention. Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances; effective and time-bound measures to provide assistance for the removal of children in the worst forms of child labour and for their rehabilitation and social integration. In its previous comments, the Committee noted the adoption of the Programme of Action to Combat Prostitution (PACP) for the period 2011–15. The Committee also noted that the Committee on the Rights of the Child (CRC) expressed its concern about the increasing number of children involved in commercial sexual activity, mainly due to poverty-related reasons. The CRC further expressed its concern that children who were sexually exploited were likely to be treated as criminals by the police, and that there was a lack of specific child-friendly reporting procedures. The Committee therefore urged the Government to intensify its efforts within the framework of the PACP to combat child prostitution, and to take effective and time-bound measures to remove children under 18 years of age from prostitution and provide them with the appropriate assistance.

The Committee notes the Government’s information in its report on the implementation of the PACP 2011–15, including the adoption of several decrees and circulars regarding the protection of victims of trafficking, as well as on the measures taken to strengthen the work of child protection and care services. However, the Committee notes that no concrete information on specific measures targeting child prostitution is provided in the Government’s report. The Committee also notes that, pursuant to section 147 of the 2015 Criminal Code, only persuading, enticing and forcing a person under 16 years of age to participate in a pornographic performance constitutes an offence, which is punishable by imprisonment of up to 12 years. The Committee observes that the provisions of the 2015 Criminal Code do not appear to prohibit the use, procuring or offering of a child aged 16–18 for the production of pornography or for pornographic performances. The Committee reminds the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a child under 18 years for the production of pornography or for pornographic performances, is considered as one of the worst forms of child labour, and that under the terms of Article 1 of the Convention, immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour shall be taken as a matter of urgency. The Committee therefore urges the Government to take the necessary measures to ensure that the use, procuring or offering of a child under 18 years for the production of pornography or for pornographic performances is prohibited, and to provide information on any progress made in this regard. The Committee also requests the Government to provide information on the targeted measures undertaken to combat the commercial sexual exploitation of children under 18 years of age, as well as on the results achieved. The Committee further requests the Government to provide concrete information on the effective and time-bound measures taken to remove children from commercial sexual exploitation and to provide them with the appropriate assistance for their social integration through education, vocational training or jobs.