Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report. It also notes the communication from the International Trade Union Confederation (ITUC) of 30 August 2006 concerning certain allegations of non-compliance with the Convention. A copy of this communication was transmitted to the Government on 28 September 2006 so that it could comment. Moreover, the Committee notes the information provided by the Government that, in the process of bringing the national legislation into conformity with Conventions Nos 138 and 182, a special subcommittee has been established to examine the shortcomings of the national legislation. The Committee hopes that the Government will submit to the special subcommittee the various issues raised below and in its direct request. It requests the Government to provide information on any new development in this respect.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children for economic and sexual exploitation. In its previous comments, the Committee noted that section 228 of the Penal Code made it an offence to induce, facilitate or promote the prostitution of any person. It also noted that sections 206 and 207 of the Penal Code prohibit the sale and trafficking of children for economic exploitation. However, the Committee emphasized that section 231 of the Penal Code applies to the international trafficking of women for prostitution, without including other elements of trafficking, such as the international trafficking of boys or the internal trafficking of both girls and boys. The Committee also noted that, according to the report entitled “Good practices in action against child labour: Ten years of IPEC in Brazil”, published by ILO/IPEC–Brazil in 2003, the sexual exploitation of children and young persons is an increasing phenomenon. It was estimated in that document that around 500,000 children between 9 and 17 years of age are sexually exploited in the country. The Committee expressed serious concern at the number of children in Brazil who are sexually exploited for commercial purposes.

The Committee notes with satisfaction the adoption of Act No. 11.106 of 28 March 2005 amending Title VI, Chapter V, of the Penal Code relating to the procuring and the trafficking of persons. In particular, it notes that under section 231 of the Penal Code, as amended by Act No. 11.106 of 28 March 2005, the international trafficking of persons is prohibited and that, under new section 231‑A of the Penal Code, the internal trafficking of persons is also prohibited. However, the Committee notes that, according to the activity reports of ILO/IPEC in 2006 on the project to combat the trafficking of persons, Brazil is a country of transit, origin and destination of child victims of international sale and trafficking for prostitution. Girls and boys are also victims of internal trafficking, particularly for exploitation in agricultural work, mines and charcoal production. In view of the above, the Committee greatly appreciates the amendments made to the Penal Code and requests the Government to renew its efforts to ensure the protection in practice of children under 18 years of age against sale and trafficking for economic and sexual exploitation. In this respect, it requests the Government to provide information on the application of the provisions covering this worst form of child labour, including statistics on the number and nature of the violations reported, investigations, prosecutions, convictions and the penal sanctions applied.

Article 6, paragraph 1. Programmes of action. 1. National Plan. With reference to its previous comments, in which it noted the National Plan to Combat Sexual Violence against Children and Young Persons, the Committee notes that the Plan is currently under examination with a view to being updated. It requests the Government to provide information on the results achieved in terms of the elimination of this worst form of child labour following the implementation of the National Plan. The Committee also requests it to provide a copy of the new Plan.

2. Project to combat trafficking in persons in Brazil. The Committee notes that, according to the ILO/IPEC activity reports of 2006 on the Project to combat trafficking in persons in Brazil, a Plan of Action to Combat Trafficking in Persons has been formulated and projects will subsequently be implemented. The Committee requests the Government to provide information on the implementation of the Plan of Action and the projects that are developed, as well as on the results achieved in terms of the elimination of the sale and trafficking of young persons under 18 years of age for economic and sexual exploitation.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and assistance for their removal from these worst forms of child labour and for their rehabilitation and social integration. Commercial sexual exploitation. 
1. Time‑bound programme (TBP). The Committee previously noted that, since September 2003, the Government has been participating in the ILO/IPEC TBP on the worst forms of child labour, implemented in the states of Maranhão, Paraíba, Rio de Janeiro, Sao Paulo and Rio Grande do Sul. One of the worst forms of child labour covered by the TBP is the commercial sexual exploitation of children. The Committee notes with interest that, according to the ILO/IPEC activities reports for 2006 on the TBP, the objectives of the projects to prevent children from being engaged in the worst forms of child labour and remove them from these forms of child labour have been achieved. It also notes that new projects are being implemented. The Committee further notes that monitoring programmes of the commercial sexual exploitation of children currently cover over 1,100 Brazilian municipalities and target 97,000 children. The Committee also takes due note of the fact that social assistance centres have been established to provide psychological and social support for children and young persons who are victims of sexual exploitation. The Committee requests the Government to continue its efforts and to provide information on: (1) the number of young persons under 18 years of age who have been prevented from being engaged in commercial sexual exploitation; and (2) the number of children who are in practice removed from this worst form of child labour and the rehabilitation and social integration measures taken for these children.

2. Other measures. The Committee notes that, according to the ILO/IPEC activity reports for 2006 on the Project to combat trafficking in persons in Brazil, it has been demonstrated that, following police patrols to sites where it is the easiest to transfer the victims of trafficking, it was necessary to train the police services in relation to this problem. It further notes that awareness-raising measures have been taken for the service providers directly related to the tourism industry. The Committee also notes that awareness-raising activities for MERCOSUR countries and meetings with experts from other countries faced with the problems of the sale and trafficking of children for sexual exploitation and work as domestic servants have been held with a view to exchanging information on these problems and sharing experience. The Committee considers that collaboration and the exchange of information between the various actors at the national and international levels concerned, such as governmental organizations, employers’ and workers’ organizations, non-governmental organizations and other civil society organizations, are essential to prevent and eliminate commercial sexual exploitation. The Committee requests the Government to continue its efforts of collaboration and to provide information on the results obtained.

Clause (d). Children at special risk. Child domestic workers. In its communication, the ITUC indicates that, according to an ILO/IPEC study of 2004, there are over 500,000 child domestic workers in Brazil. A significant number are extremely vulnerable to exploitation and forced labour and work under conditions prohibited by Convention No. 182. According to the ILO/IPEC study of 2004, these children do not attend school, particularly in the case of girls, whose school attendance rate is very low: some 28 per cent had had no formal education, 58 per cent had only received primary education, and only 10 per cent had secondary education. Although in Brazil the minimum age for admission to employment or work is 16 years, over 88 per cent of child domestic workers begin working before that age, usually at around 5 or 6 years of age. Certain children say that they do not receive payment and others that they do not have a day off during the week. In its communication, the ITUC adds that although the national legislation contains provisions applicable to child domestic labour, a clear legal framework would be necessary to end this form of exploitation of children. The ITUC points out that the fact that these children work in private houses, where it is difficult to monitor them, means that it is important to change public attitudes to child domestic work. This implies that the Government should consider taking preventive measures, including economic alternatives, to encourage families to send their children to school.

The Committee notes the information provided by the Government in its report to the effect that the characteristics of domestic work prevent the labour inspection services from carrying out inspections directly in houses. Labour inspectors do not have any legal powers to report violations of the laws as the Labour Code does not apply to this category of workers. The Committee notes that, according to the ILO/IPEC activity reports of 2006 on the TBP, an Act establishing the rights of domestic workers was adopted in 2006. Furthermore, that same year, Bill No. 5767 prohibiting the engagement of children under 16 years of age as domestic workers was submitted to the National Congress. The Committee further notes that discussions have been held on the inclusion of this form of child labour on the list of activities considered to be hazardous. Finally, it notes that child domestic work is one of the forms of child labour targeted by the TBP and that measures are being taken in the context of the implementation of the programme to combat this problem. Noting that children engaged in domestic work are often the victims of exploitation, which takes on very different forms, the Committee requests the Government to provide information on the measures adopted in the context of the implementation of the TBP to protect these children against the worst forms of child labour.

The Committee is also addressing a request directly to the Government on certain other specific points.