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

The Committee notes the Government’s report.

Article 3 of the Convention. Worst forms of child labour. The Committee notes that draft amendments to the Children and Young Persons’ Code concerning the sexual exploitation of children for commercial purposes and the economic exploitation of children are under consideration. It asks the Government to supply information on the progress made on the proposed amendments to the Children and Young Persons’ Code.

Clause (a). Sale and trafficking of children. Referring to its previous comments, the Committee notes that section 6 of Act No. 17.815 of 18 August 2004 on sexual violence for commercial or other purposes against children, young persons and the disabled lays down penalties for the trafficking of minors (persons under 18 years of age – section 280 of the Civil Code) for the purpose of sexual exploitation, including prostitution. The Committee also notes the Government’s information that the legislative authority is currently studying a draft law on migration which penalizes trafficking in persons, particularly children. In view of the fact that the national legislation does not contain any provisions prohibiting the sale or trafficking of children for the purposes of economic exploitation, the Committee sincerely hopes that the draft act will be adopted soon and that it will prohibit and penalize this worst form of child labour. It asks the Government to supply information on all progress made in this respect and to supply a copy of the act once it is adopted.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. Referring to its previous comments, the Committee notes that sections 1, 2 and 3 of Act No. 17.815 of 18 August 2004 on sexual violence for commercial or other purposes against children, young persons and the disabled penalize the use, procuring or offering of children and young persons for the production of pornography. The Committee requests the Government to indicate whether these provisions also apply to the use, procuring or offering of children and young persons for pornographic performances.

Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee observed that the national legislation does not contain any provisions prohibiting this worst form of child labour. Noting the absence of information on this point in the Government’s report, the Committee once again asks it to supply information on the measures taken to prohibit and penalize the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs.

Article 4, paragraph 1. Determination of hazardous types of work. With reference to its previous comments, the Committee notes with interest the Government’s information that the Institute for Children and Young Persons (INAU) adopted resolution No. 1012/006SP/sp on 29 May 2006 approving a list of types of work which are to be considered hazardous. This list was drawn up by the National Committee for the Elimination of Child Labour (CETI) and prior consultations with the social partners took place. The Committee notes that resolution No. 1012/006SP/sp is currently being discussed by the executive authority for its approval by decree. The Committee hopes that this decree will be adopted in the near future and asks the Government to supply a copy of it once it has been adopted.

Article 5. Monitoring mechanisms. Labour inspection. The Committee notes that, according to the information in ILO/IPEC reports concerning the progress made under the implementation of the subregional project for South America, the Ministry of Labour and Social Security contains a special inspection unit on child labour. It requests the Government to supply information on the functioning of this special unit, particularly on the role of labour inspectors in the strategy to combat child labour and the worst forms thereof, and to supply statistics on the results of inspection activities in this area.

Article 6. Programmes of action. 1. Sexual exploitation. The Committee notes that the Committee on the Rights of the Child, in its concluding observations on the second periodic report of Uruguay in July 2007 (CRC/C/URY/CO/2, paragraph 65), noted with concern that the sexual exploitation and trafficking of children are on the increase in Uruguay, especially in tourist areas and along the borders. In this regard, the Committee notes the Government’s information that a national plan of action on sexual exploitation is being finalized. This plan is based on five sub-programmes, including prevention, child protection and the restoration of victims’ rights. The Committee asks the Government to supply information on the measures taken under this plan of action to: (a) prevent children from becoming victims of sexual exploitation; and (b) provide the necessary and appropriate direct assistance for the removal of children from this worst form of child labour and ensure their rehabilitation and social integration. It also asks the Government to provide information on the results obtained and to supply a copy of the plan.

2. Hazardous work. The Committee notes the Government’s indication that the CETI is currently drawing up a national plan of action on the employment of children in hazardous work. It asks the Government to supply information on the programmes implemented under the national plan of action in order to eliminate the employment of children in the worst types of hazardous work and to supply a copy of the plan.

Article 7, paragraph 2. Effective and time-bound measures. Clause (c). Access to free basic education or vocational training for all children removed from the worst forms of child labour. With reference to its previous comments, the Committee notes the detailed information supplied by the Government on the implementation of the “Del Cardal” programme of action, which is intended to withdraw children from their economic activities and integrate them into the education system. In view of the fact that education contributes to eliminating many of the worst forms of child labour, the Committee urges the Government to continue its efforts to ensure access to education for all children and young persons removed from the worst forms of child labour.

Clause (d). Children at special risk. Street children. The Committee notes that the Committee on the Rights of the Child, in its concluding observations of July 2007 (CRC/C/URY/CO/2, paragraph 63), expressed its concern at the high number of children who are living or working on the streets, at the lack of social services and integration programmes available for them and the social stigma that they continue to suffer. The Committee notes the Government’s statement that it has implemented a programme of assistance to the homeless. Under this programme, day and night assistance centres have been set up to cater for people living on the street, particularly children. Recalling that street children are particularly exposed to the worst forms of child labour, the Committee encourages the Government to renew its efforts to protect them from the worst forms of child labour. It requests the Government to indicate whether measures have been taken under the programme of assistance for the homeless to ensure the rehabilitation and social integration of children admitted to these centres. The Committee also requests the Government to indicate how many children have actually been catered for in these assistance centres.

Article 8. International cooperation and assistance. MERCOSUR. The Committee notes the Government’s information that a regional plan for the prevention and elimination of child labour in MERCOSUR has been adopted and that the implementation schedule is currently being drawn up. The Committee asks the Government to supply information on the measures taken under the regional plan for the prevention and elimination of child labour in MERCOSUR in terms of the elimination of the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. With reference to its previous comments, the Committee notes the national household survey carried out by the National Institute of Statistics (INE) in 2006. It observes, however, that although this study supplies information on child labour in general, it does not provide details of the situation regarding the worst forms of child labour. In this respect, it notes the Government’s information that contacts have been established between the Ministry of Labour and Social Security, the INE and ILO/IPEC–SIMPOC to conduct a study on the worst forms of child labour. The Committee hopes that this study will be carried out as soon as possible. It requests the Government to supply statistics and information, once the study has been completed, on the nature, scope and evolution of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of violations reported, and also on investigations, legal proceedings, convictions and penal sanctions.