Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee notes that, according to the Government, a Bill penalizing the trafficking of persons, including children, and the illicit traffic of migrants is currently being examined by the Parliamentary Committee on Human Rights, Nationality and Citizenship. The Committee expresses the hope that the examination of this Bill will be finalized in the near future and requests the Government to provide information on any new developments in this area.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes that the Committee on the Rights of the Child, in its concluding observations on the Government’s initial report on the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography of February 2007 (CRC/C/OPSC/CHL/CO/1, paragraph 19), was concerned about the low level of awareness of the existence of child pornography in the country, the increase in prostitution of boys and the increase of sex tourism within the country.

The Committee notes that sections 366fifth, 367 and 367ter of the Penal Code, as well as section 30 of the Cinematic Productions (Certification) Act (No. 19.846) of 2003, prohibit and punish the use, recruitment and offering of a child under 18 years of age for prostitution, the production of pornography or pornographic performances. The Committee notes that, although the legislation seems in conformity with the Convention on this point, these worst forms of child labour remain a problem in practice. The Committee expresses its concern about the situation of these children and reminds the Government that under Article 1 of the Convention, immediate and effective measures must be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee therefore requests the Government to take the necessary measures, as a matter of urgency, in order to ensure the protection of children under 18 years of age against their use, recruitment or offering for prostitution, the production of pornography or pornographic performances. In this respect, it requests the Government to provide information on the application in practice of the provisions of the Penal Code applying to these worst forms of child labour by submitting, in particular, statistics on the number and nature of violations reported, the investigations carried out, prosecutions, convictions and penalties applied.

Clause (c) Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee noted the adoption of Act No. 20.000 of 16 February 2005 and pointed out that this Act did not prohibit the use, procuring or offering of young persons under 18 years of age for illicit activities. In its report, the Government mentions that this activity comes under the System for the Registration of the Worst Forms of Child Labour, which makes it possible to detect the involvement of boys and girls in this worst form of labour, assist them and assess the vulnerability of victims under 14 years of age. While noting this information, the Committee reminds the Government that under this provision of the Convention, the use, recruitment or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs, constitutes one of the worst forms of child labour and that, under Article 1 of the Convention, any ratifying Member must take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour. The Committee therefore requests the Government to take legislative measures to prohibit and penalize the use, procuring or offering of a young person under 18 years of age for illicit activities, in particular for the production and trafficking of drugs, in accordance with Article 3(c) of the Convention.

Article 4, paragraphs 1 and 3. Determination of hazardous types of work and the revision of the list of these types of work. Referring to its previous comments, the Committee notes with interest the adoption of Decree No. 50 of 17 August 2007, which endorses the Regulations implementing section 13 of the Labour Code introduced by Act No. 20.189, and establishes a very detailed list of the hazardous types of work forbidden to young persons under 18 years of age.

Article 5. Monitoring mechanisms. The Committee duly notes that, according to the Government, 450 officials from both of the Chilean police forces have received training on commercial sexual exploitation. It also notes that a guide on legal procedures with respect to the commercial sexual exploitation of boys, girls and young persons, has been drawn up for the Public Prosecutor.

Article 6. Programmes of action. Referring to its previous comments, the Committee notes the Government’s statement, contained in its report submitted under Convention No. 138, that a plan to evaluate progress achieved (2006–10) has been drawn up; it focuses on boys, girls and young persons under 18 years of age involved in the worst forms of child labour. It also notes that national policies and social protection plans have been formulated in the context of this plan. The Committee requests the Government to provide information on that evaluation and to indicate as a result the programmes of action that will be taken to eliminate the worst forms of child labour, in particular the commercial sexual exploitation of children under 18 years of age.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Commercial sexual exploitation. Referring to its previous comments, the Committee duly notes the information provided by the Government that, in order to take preventive action, micro-projects have been introduced throughout the country with a view to making local governments and the population aware of the worst forms of child labour, in particular commercial sexual exploitation. It also notes the Government’s statement that the National Service for Young Persons (SENAME), in cooperation with local governments and the Offices for the Protection of Rights (OPD), has implemented a project to protect children and young persons in 174 municipalities throughout the country, which is targeting 36,000 children and young persons in a difficult situation. The Committee encourages the Government to continue its efforts and requests it to provide information on its time-bound measures, when implementing the project to protect children and young persons, to prevent them from becoming victims of the worst forms of labour, in particular commercial sexual exploitation. It further requests the Government to provide information on the results achieved.

Clause (b). Assistance for the removal of children from the worst forms of child labour. Commercial sexual exploitation. Referring to its previous comments, the Committee notes that, according to the Government, the SENAME, responsible for assisting boys and girls who are victims of commercial sexual exploitation, has been extending its action programmes throughout the country since April 2008. It also notes the Government’s statement that it has introduced a specialized intervention programme, aimed at assisting children and young people in a particularly complex situation, including those engaged in the worst forms of child labour, and at ensuring their family and social integration. The Committee requests the Government to provide information on the time‑bound measures adopted, in the context of the implementation of the SENAME and specialized intervention programmes, in order to provide the necessary and appropriate direct assistance to remove the child victims of commercial sexual exploitation and guarantee their rehabilitation and social integration. It requests the Government to provide information on the results obtained.

Article (d). Children at special risk. 1. Street children. The Committee notes that, according to the statistics on the SENAME web site, over 6,500 children are living on the streets in Chile. It observes that street children are at greater risk of being engaged in the worst forms of child labour.

The Committee notes that the Committee on the Rights of the Child, in its concluding observations on the Government of Chile’s third periodic report on the Convention on the Rights of the Child of April 2007 (CRC/C/CHL/CO/3, paragraph 67), was concerned over the high number of street children, the lack of available social services and reintegration measures and the stigma they continued to suffer. In its report, the Government points out that the SENAME has introduced four projects which have benefited 210 boys and girls, as well as their families. It also refers to the conclusions of an intersectoral workshop, attended by government bodies, including the National Commission for Narcotics Control (CONACE) and the Ministry of Social Planning (MIDEPLAN), representatives of employers’ and workers’ organizations and NGOs; these conclusions provided for measures aimed at the family and social reintegration of street children. Furthermore, a metropolitan centre to monitor boys, girls and young persons living on the street has been established in order to put an end to this situation. Finally, the Government points out that a study entitled “Systematic organization of projects to assist boys, girls and young persons living on the street and assessment of the impact on the population” has been carried out. The Committee duly notes the information provided by the Government and strongly encourages it to continue its efforts. The Committee asks it to provide information on the time-bound measures taken in the context of the four projects of the SENAME, the conclusions of the intersectoral workshop and of the metropolitan centre for monitoring boys, girls and young persons living on the street, with a view to protecting these children from the worst forms of child labour, particularly commercial sexual exploitation, and to guaranteeing their rehabilitation and social integration. The Committee also requests the Government to provide a copy of the study entitled: “Systematic organization of projects to assist boys, girls and young persons living on the street and assessment of the impact on the population”.

2. Indigenous children. In its previous comments, the Committee noted that, according to the information available to the Office, indigenous children were particularly affected by the worst forms of child labour. The Committee notes that the Committee on the Rights of the Child, in its concluding observations of April 2007 (CRC/C/CHL/CO/3, paragraph 61), noted the affirmative action undertaken to improve equal access to education. The Committee on the Rights of the Child was nevertheless concerned that access to education for children belonging to vulnerable groups, such as indigenous peoples, was still inadequate. The Committee notes that, according to the Government, the children of indigenous peoples benefit from the SENAME’s prevention and protection programmes. It also notes that a policy on new relations with indigenous peoples was formulated in 2007. What is more, the Committee notes with interest that Chile ratified the Indigenous and Tribal Peoples Convention, 1989 (No. 169), in September 2008. The Committee points out that the children of indigenous people are often victims of exploitation, which takes many various forms, and are a population at risk of being involved in the worst forms of child labour. It requests the Government to take time-bound measures, particularly in the context of the SENAME’s prevention and protection programmes and the policy on new relations with indigenous peoples, to ensure that children from this group might have easier access to the education system and be protected from the worst forms of labour. It requests the Government to provide information on the results achieved.

Article 8. International cooperation. In its previous comments, the Committee had asked the Government to indicate whether measures had been taken to engage in cooperation with the countries of origin of child victims of trafficking, for example through the exchange of information and the strengthening of security measures along common borders. The Committee notes with interest that, according to the Government, the Chilean–Bolivian Border Committee has formulated a bilateral action plan up to 2010, aimed, among other things, at consolidating the prevention of the worst forms of child labour in both countries, including trafficking for the purpose of economic or sexual commercial exploitation. The Committee requests the Government to provide information on the measures taken in the context of the bilateral action plan between Chile and Bolivia, in order to: (a) identify and arrest persons involved in child trafficking networks; and (b) detect and intercept child trafficking victims on the borders.

Parts IV and V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted that, according to information available to the Office, the Government was supposed to conduct a new study on the extent of the worst forms of child labour in the country. Noting the absence of information on this matter in the Government’s report, the Committee requests the Government once again to provide information on the findings of this study and to send a copy to the Office.