Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 3 of the Convention. Worst forms of child labour. Clause (c).  Use, procuring or offering of a child for illicit activities. In its previous comments the Committee noted that the Anti-Drugs Act No. 6.368 of 21 October 1976 covers the unlawful trafficking and use of narcotics and criminalizes a number of activities. It noted that section 18(3) of the Act provides that penalties are increased if the offences involve minors (persons under 21 years of age), either as accomplices or victims. The Committee noted that, according to the information available at the Office, the number of young persons involved in drug trafficking had been increasing since the use of minors in “bisness” was cheaper than the use of adults. The Committee asked the Government to provide information on the application of the legislation in practice. The Committee notes that the Government’s report does not contain any information on this issue. However, it notes that, according to the information in the December 2008
ILO–IPEC report on the Time-bound Programme (TBP) (2008 ILO–IPEC report on the TBP), young persons are being used for drug trafficking in the country. The Committee again requests the Government to supply information on the  measures taken to eliminate this worst form of child labour and the application of the legislation in practice, including, for example, statistics on the number and nature of reported offences, investigations, prosecutions, convictions and penalties imposed.

Article 4, paragraph 1. Determination of hazardous types of work. With reference to its previous comments, the Committee notes with interest the adoption of Decree No. 6.481 of 12 June 2008, which approves a detailed list of more than 90 worst forms of child labour in which the employment of young persons under 18 years of age is prohibited.

Article 7, paragraph 1. Penalties. The Committee notes that, even though Decree No. 6.481 of 12 June 2008 approves a detailed list of the worst forms of child labour, none of its provisions provides for penalties in the event of their violation. In this respect, it reminds the Government that under this provision of the Convention measures must be taken to ensure the effective implementation and enforcement of the provisions giving effect to it, including the provision and application of criminal penalties or, as appropriate, other sanctions. The Committee therefore requests the Government to adopt penalties which act as a sufficiently effective deterrent and enable persons to be prosecuted who cause young persons under 18 years of age to engage in the worst forms of child labour in violation of Decree No. 6.481 of 12 June 2008. It requests the Government to provide information in this respect.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes with interest that, according to the December 2008 ILO–IPEC report on the TBP, between 2003 and 2008 a total of 10,807 children benefited from the programme, with 5,251 prevented from engaging in the worst forms of child labour and 5,556 removed from these worst forms of child labour. Moreover, the Committee notes the many actions in the area of prevention and awareness raising undertaken as part of the implementation of the TBP and also those concerning further schooling or vocational training for the victims of the worst forms of child labour.

Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Access to free basic education. The Committee notes that, according to UNICEF statistics for 2007, the net attendance rate in primary education is 95 per cent for boys and girls, and in secondary education is 42 per cent for boys and 50 per cent for girls. The Committee also notes that, according to the 2008 Education for All Global Monitoring Report published by UNESCO entitled Education for All by 2015: Will we make it? (2008 UNESCO report), Brazil is making steady progress and has a good chance of achieving the goal of education for all by 2015. However, according to the 2008 UNESCO report, even though progress has been made towards reducing the gender gap in school education, major disparities to the detriment of boys continue and the country will probably not achieve gender parity by 2025.

The Committee notes that, according to the 2008 UNESCO report, national policies and national plans in education all incorporate the goal of education for all. Moreover, the Government has established a programme for the transfer of money (the school bursary programme), which currently benefits more than 16 million children. The Committee notes the “Plan for the development of education” which has been under way since 2007. It also notes that, according to the March 2009 ILO–IPEC report on the national aid project for a state without child labour (Bahia), a draft Act to amend the Constitution has been drawn up which plans to make secondary education obligatory. This amendment to the Constitution will enable more than 3.5 million children to return to school.

The Committee notes the measures taken by the Government in the field of education. However, it is concerned at the net school attendance rate, which is lower in secondary education, and at the gender gap to the detriment of boys. In view of the fact that education contributes towards preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to intensify its efforts to improve the functioning of the education system in the country. In this regard, it requests the Government to supply information on the effective and time-bound measures taken, particularly in the context of the “Plan for the development of education”, to increase the secondary school attendance rate and reduce the gender gap in access to education, with particular emphasis on boys. The Committee requests the Government to provide information on the results achieved and also on any progress made regarding the adoption of the Act on compulsory secondary education.

2. Tourist activities. The Committee notes that, according to the 2008
ILO–IPEC report on the TBP, the Ministry of Tourism has stepped up its initiatives to combat commercial sexual exploitation in the country’s tourist destinations. Specifically, it has established a vocational training programme aimed at the social inclusion of young persons over 16 years of age from the poorest families in the city of Fortaleza. The current objective is to extend this programme to other tourist locations in the country. The Committee notes the measures taken by the Government in connection with the tourist industry and strongly encourages it to continue its efforts in this respect.

Clause (b). Assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. State without child labour – Bahia. The Committee notes that, according to ILO–IPEC information, the federal and state governments and municipalities have been collaborating with ILO–IPEC since 2008 to strengthen the national policy for the elimination of child labour, including the worst forms thereof. Accordingly, in the context of the Bahia Decent Work Agenda, the Brazilian authorities and
ILO–IPEC have been implementing a national aid project since March 2008 to make Bahia the first state in the country to be free of child labour. The project is in its initial stages. The Committee requests the Government to supply information on the time-bound measures taken, in the context of the national aid project to make Bahia the first state in the country without child labour, to remove children in this state from the worst forms of child labour and ensure their rehabilitation and social integration. It also requests the Government to supply information on the results achieved.

Clause (d). Children at special risk. Child victims of HIV/AIDS. In its previous comments, the Committee noted that, according to the AIDS Epidemic Update published in 2006 by the Joint United Nations Programme on HIV/AIDS (UNAIDS), one third of all persons living with the HIV virus in Latin America, that is more than 620,000 persons, live in Brazil. The Committee notes that, according to information contained in the December 2008 Fact Sheet of the Joint United Nations Programme on HIV/AIDS (UNAIDS) and the World Health Organization (WHO), the number of persons living with the HIV virus is about 730,000. The Committee notes the Government’s statement that, in the context of its activities, the labour inspectorate endeavours to reach the largest possible number of children and young persons who are in unauthorized employment. It also notes that, according to UNGASS information from 2008, the Government has implemented a national framework for preventing and combating HIV/AIDS, which particularly covers children who have been orphaned as a result of the virus.

The Committee observes that HIV/AIDS has a negative impact on orphans, who are at greater risk of engagement in the worst forms of child labour. The Committee requests the Government to provide information on specific time‑bound measures taken, by labour inspectors or as part of the implementation of the national framework for preventing and combating HIV/AIDS, to prevent the engagement of these children in the worst forms of child labour.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 3(a) of the Convention and Part III of the report form. Sale and trafficking of children for economic and sexual exploitation, and court decisions. In its previous comments, the Committee noted that the national legislation prohibits the sale and trafficking of children for economic exploitation (sections 206 and 207 of the Penal Code) and also prohibits incitement to prostitution (section 228 of the Penal Code). It further noted the adoption of Act No. 11.106 of 28 March 2005, which amended section 231 of the Penal Code by prohibiting and penalizing the international trafficking of persons for the purposes of prostitution. The Act also inserted section 231-A, which outlaws and penalizes the internal trafficking of persons. However, the Committee noted that, according to an ILO–IPEC report of 2003 on good practices in Brazil, the sexual exploitation of children and young persons was an increasing phenomenon. According to estimates, nearly 500,000 children between nine and 17 years of age were being sexually exploited in the country. The Committee also noted that, according to the 2006 ILO–IPEC report on the project to combat the trafficking of persons, Brazil is a country of transit, origin and destination for the international sale and trafficking of children for prostitution. Girls and boys are also victims of internal trafficking, particularly for exploitation of their work in agriculture, mining and charcoal production.

The Committee notes that the Committee on the Elimination of Discrimination against Women, in its concluding comments of August 2007 on the sixth report of the Government (CEDAW/C/BRA/CO/6, paragraphs 7 and 23), noted with satisfaction the measures taken by the Government against the trafficking of persons but expressed concern at the scale of the phenomenon.

The Committee notes that, according to the information contained in the December 2008 ILO–IPEC report on the Time-bound Programme (TBP) [2008 ILO–IPEC report on the TBP], the Government adopted in 2006 a National Policy to combat the trafficking of persons and, in 2008, a National Plan to combat the trafficking of persons. The Committee notes that both the National Policy and the National Plan provide in particular for the adoption of measures to penalize the crime of trafficking of persons.

The February 2009 Global Report on Trafficking in Persons, published by the United Nations Office on Drugs and Crime (UNODC) [UNODC report on trafficking in persons], states that 530 investigations relating to the crime of trafficking of persons, both internally and across national boundaries, were conducted by the federal and state police between 2003 and 2007, leading to prosecutions in 75 cases. Between 2004 and February 2008, a total of 41 persons (20 men and 21 women) were convicted of this crime by the federal and state courts. According to the UNODC report on trafficking in persons, all the convictions handed down related to sexual exploitation. In 19 cases, the penalties imposed ranged from one to five years’ imprisonment and, in 15 cases, from five to ten years’ imprisonment.

The Committee welcomes the efforts made by the Government to combat the trafficking of persons. However, it is concerned at the information concerning the persistence of the problem on a substantial scale in the country. Furthermore, noting the statistics on the investigations conducted, the prosecutions launched and the convictions handed down for the crime of trafficking of persons in the country, the Committee notes that overall statistics are provided which do not show the situation with regard to children. It also notes that, even though children are the victims of sale and trafficking for both sexual and economic exploitation, the convictions relate only to trafficking for sexual exploitation. The Committee therefore requests the Government to intensify its efforts to ensure the protection in practice of young persons under 18 years of age against the sale and trafficking of children for sexual and economic exploitation. In this respect, it requests the Government to supply information on the application in practice of the provisions of national legislation prohibiting the sale and trafficking of persons under 18 years of age, including, in particular, statistics relating to investigations, prosecutions and penalties imposed. Moreover, in view of the statement indicating the investigation and prosecution of persons, the Committee requests the Government to supply copies of any court decisions issued.

Article 5. Monitoring mechanisms. Reinforcement of labour inspection. The Government indicates in its report that the Ministry of Labour and Employment has modified the functions of the Special Mobile Inspection Group, extending the action taken by labour inspectors to combating child labour and to other related matters, including the commercial sexual exploitation of children. In the context of public information campaigns planned for the World Day Against Child Labour in June 2008, the Government states that the Ministry of Labour and Employment organized inspections targeting child labour throughout the country. These operations enabled 821 children to be removed from their work.

Furthermore, according to the Government’s report, an information system on locations of child labour (SITI) has been established. This information system contains detailed information on locations where child labour, and the worst forms thereof, occurs, in both the formal and informal economies, including information concerning the commercial sexual exploitation of children. This database contributes to the planning of actions by the labour inspectorate, particularly by the regional superintendencies for labour and employment. Noting with interest the measures taken by the Government to strengthen the intervention capacity of the labour inspectorate throughout the country, the Committee strongly encourages the Government to continue its efforts to ensure the success of the labour inspectorate’s activities.

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. Time-bound Programme (TBP). With reference to its previous comments, the Committee notes with interest that, according to the 2008
ILO–IPEC report on the TBP, a total of 723 children (54 boys and 669 girls) have either been prevented from engaging in commercial sexual exploitation or been removed from this worst form of child labour. It also notes that the Sentinel programme which provides psychological and social support to children and young persons who have been the victims of sexual exploitation, is now operating in more than 885 municipalities in the country. Moreover, the Committee notes that the 2006 National Policy for combating the trafficking of persons and the 2008 National Plan for combating the trafficking of persons state, in particular that measures to prevent trafficking and to assist the victims thereof must be adopted in order to reinforce those already in place. The Committee requests the Government to continue to adopt the necessary time-bound measures, in the context of the National Plan and National Policy for combating the trafficking of persons, to prevent young persons under 18 years of age from becoming the victims of commercial sexual exploitation, to remove them from this worst form of child labour and to ensure their rehabilitation and social integration. Finally, the Committee requests the Government to supply information on the results achieved.

Clause (d). Children at special risk. Child domestic workers. The Committee previously noted the indication from the International Trade Union Confederation (ITUC) that, according to the 2004 ILO–IPEC study, there are over 500,000 child domestic workers in Brazil. Many of them are extremely vulnerable to exploitation and work under conditions prohibited by the Convention. These children, particularly the girls, do not attend school, and the school attendance rate for girls in general is very low. Over 88 per cent of child domestic workers begin working before the minimum age for admission to employment, normally at five or six years of age. The ITUC also pointed out that the national legislation contains provisions applicable to child domestic labour but a clear legal framework would be necessary to end this form of exploitation of children. It also underlined the fact that, since these children work in private houses, where it is very difficult to monitor them, it is important to change public attitudes to child domestic work. In this respect, the Committee noted the information from the Government to the effect that the characteristics of domestic work prevent the labour inspection services from carrying out inspections directly in private houses. The Committee further noted that discussions have been held concerning the inclusion of this form of child labour on the list of activities considered to be hazardous.

The Committee takes due note of  the Government’s statement that, under the terms of Decree No. 6.481 of 12 June 2008, child domestic labour is now regarded as one of the worst forms of child labour and is prohibited for any person under 18 years of age. The Government also indicates that it is impossible for labour inspectors to carry out inspections in private houses because this would amount to trespassing. The Committee notes that, according to the 2008
ILO–IPEC report on the TBP, a sectoral plan on domestic workers (Planseq) has been implemented to support this category of workers and inform them of their rights. In view of the Government’s statements, the Committee requests the Government to supply information on the time-bound measures taken to implement Decree No. 6.481 of 12 June 2008, which prohibits the employment of young persons under 18 years of age as domestic workers, and in particular to prevent the engagement of children in the worst forms of child labour and provide the necessary and appropriate direct assistance for their removal from the worst forms of child labour and for their rehabilitation and social integration.

Finally, with regard to the work to bring the national legislation into conformity with Conventions Nos 138 and 182, the Committee notes the Government’s indication to the effect that this is still in progress. It expresses the hope that the issues raised above and also those contained in the direct request will be taken into account in the context of this work to bring the national legislation into conformity with Conventions Nos 138 and 182 and requests the Government to supply information on all progress made in this respect.

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

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

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities. The Committee noted previously that the Anti-Drugs Act No. 6.368 of 21 October 1976 covers the unlawful trafficking and use of narcotics and criminalizes a number of acts in this field. It noted that section 18(3) of the Act provides that penalties are increased where the offences involve minors (persons under 21 years of age), either as accomplices or victims. The Committee noted that, according to the information available at the Office, the number of young persons involved in drug trafficking had been increasing and, moreover, those involved in such activities are ever younger. It would appear that this phenomenon is a result of the fact that the use of minors in “bisness” keeps the costs lower than the use of adults, for example for the payment of bail when they are arrested, as well as the payment of bribes to the police. Noting the absence of information in the Government’s report, the Committee once again requests it to provide information on the application of the legislation in practice.

Article 4, paragraph 1. Determination of hazardous types of work. The Committee notes the information provided by the Government to the effect that a special subcommittee has been established to identify activities that should be considered as the worst forms of child labour. The Committee requests the Government to provide information on any new development in this respect.

Article 5. Monitoring mechanisms. The Committee notes the information provided by the Government that advisory supervision units (Nucleos de Atividades de Assessoramento a Fiscalização – NAAF) have been established in the various regional labour offices. Although these units do not include labour inspectors working specifically on child labour, they nevertheless have to pay very close attention to this problem in the discharge of their duties. The Committee requests the Government to provide information on the operation of the NAAF with regard to the elimination of the worst forms of child labour.

Article 7, paragraph 2. Effective and time-bound measures. The Committee noted previously that since September 2003 the Government has been participating in the ILO/IPEC Time-bound Programme (TBP) on the worst forms of child labour, which has been implemented in the states of Maranhão, Paraíba, Rio de Janeiro, Sao Paulo and Rio Grande do Sul, giving priority to the following forms of child labour: (i) hazardous agricultural activities, and particularly household agricultural activities; (ii) hazardous work by children in the informal economy (urban areas); (iii) child domestic labour; (iv) commercial sexual exploitation; and (v) drug production and trafficking. In addition to the measures taken to prevent children from being engaged in the worst forms of child labour and to remove them from these activities, the Committee takes due note of the many preventive measures adopted in the context of the implementation of the TBP, including awareness-raising campaigns for the population on child labour and its worst forms, the preparation and publication of educational materials on the issue and training activities and seminars. The Committee notes with interest the Government’s efforts in relation to the implementation of the TBP and strongly encourages it to pursue its efforts to combat the worst forms of child labour.

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. 1. Implementation of the TBP. With reference to its previous comments, the Committee notes that, according to the ILO/IPEC activity reports on the TBP, between 2004 and 2006 over 2,800 children were removed from the worst forms of child labour covered by the TBP and around 1,290 children have been prevented from being engaged in these worst forms of child labour. It further notes that, although the programmes of action for the first part of the TBP will be finishing soon, children who have benefited from the programme still receive assistance. Noting that five new programmes of action are currently being implemented in the context of the second phase of the TBP, the Committee requests the Government to continue providing information on: (i) the number of young persons under 18 years of age who have been prevented from being engaged in the worst forms of child labour covered by the TBP; and (ii) the number of children who have been removed from these worst forms of child labour in the fields covered by the TBP and the rehabilitation and social integration measures adopted for these children.

Clause (c). Ensuring access to free basic education for all children removed from the worst forms of child labour. The Committee previously requested the Government to indicate the time-bound measures adopted to ensure access to free basic education and vocational training for the girls and boys who were to be removed from the worst forms of child labour covered by the TBP. The Committee notes that, according to the ILO/IPEC activity reports on the TBP, all the children who have benefited from the TBP have been enrolled in schools or in a vocational training programme, none have dropped out and the school attendance rate was around 85 per cent.

Clause (d). Children at special risk. Child victims of HIV/AIDS. With reference to its previous comments, the Committee notes that, according to the report published by the Joint United Nations Programme on HIV/AIDS (UNAIDS) in December 2006 entitled AIDS Epidemic Update, one third of all persons living with the virus in Latin America, namely over 620,000 people, live in Brazil. However, it notes that, according to the report, the country’s emphasis on prevention and treatment, and particularly the concerted promotion of sex education and AIDS prevention in schools, together with HIV testing, has helped to keep its HIV epidemic stable for the past several years. Furthermore, the AIDS mortality rate decreased by 50 per cent between 1996 and 2002. The Committee takes due note of this information and strongly encourages the Government to pursue its efforts to prevent the transmission of the virus within the population and to protect child orphans of HIV/AIDS from being engaged in the worst forms of child labour.

Article 8. International cooperation. Poverty reduction. With reference to its previous comments, the Committee notes that the Government has adopted a number of social measures with a view to reducing poverty, particularly through the provision of grants and family allowances to families with working children who agree to remove these children from work and ensure that they attend school. With regard to the programme of family grants, more than 12.1 million families, representing over 45 million poor persons, should have benefited from the programme by the end of 2006. In addition, since 2006, the family allowances provided in the context of the Programme for the Elimination of Child Labour (PETI) have been integrated into the programme of family grants. The Government is envisaging a substantial increase in the number of persons benefiting from these programmes. Considering that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to continue its efforts in this respect.

Part V of the report form. Application of the Convention in practice. The Committee noted previously that the Government had not provided a general overview of the extent of the worst forms of child labour in the country. It therefore requested the Government to give a general appreciation of the manner in which the Convention is applied in Brazil. The Committee notes the statistics provided by the Government, which are based on the household survey conducted by the Brazilian Institute of Geography and Statistics (IBGE) in 2004. It notes that 5.4 million children and young persons between 5 and 17 years of age worked during the survey reference week. However, it notes that the statistics do not specifically concern the worst forms of child labour. Moreover, the Committee notes that, according to the ILO/IPEC activity reports for 2006 on the TBP, studies on the worst forms of child labour covered by the TBP have been carried out. It therefore once again requests the Government to provide information on the application of the Convention in practice, including extracts of official documents, studies and, where applicable, statistics indicating the nature, extent and trends of the worst forms of child labour, the nature and number of infringements reported, investigations, prosecutions, convictions and penal sanctions. In so far as possible, such statistics should be disaggregated by sex, age group and branch of economic activity.

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.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the Government’s first and second reports. It requests the Government to supply further information on the following points.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes that the National Congress is currently discussing a number of Bills to tackle the sexual abuse of children and adolescents and their sexual exploitation through pornography. It requests the Government to continue to provide information on measures taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee also requests the Government to provide information on any developments in this regard.

Article 3. Worst forms of child labour. Clause (a). 1. Sale and trafficking of children. (i) For labour exploitation. The Committee notes under the terms of section 206 of the Penal Code, it is an offence to recruit workers through fraudulent means with a view to taking them abroad. It also notes that section 207(1) of the Penal Code makes it an offence to recruit workers, through fraudulent means or by receiving payments or benefits from the workers, or without ensuring their return to their original place of residence, with a view to taking them to another locality in the territory. Subsection (2) of section 207 of the Penal Code states that the penalty is increased if the victim is under the age of 18 years.

(ii) For sexual exploitation. The Committee notes that by virtue of section 231 of the Penal Code, it is an offence to promote or facilitate the entry into the country of women for prostitution or to promote or facilitate the transfer of women from the country for the purpose of engaging them in prostitution abroad. The Committee observes that section 231 of the Penal Code only deals with the international trafficking of women for prostitution and does not include other elements of trafficking, such as the international trafficking of boys, and internal trafficking of both girls and boys. However, the Committee notes that according to the information available at the Office, a draft Bill was proposed by the Labour Prosecution Service with the assistance of ILO Brazil and submitted to the National Congress’ Joint Parliamentary Commission of Inquiry on Violence and Sexual Exploitation against Children and Adolescents. The draft Bill would suggest that section 231 of the Penal Code should punish both international and internal trafficking. It would also suggest that the offence should cover both men and women, and boys and girls. The Committee requests the Government to provide information on any developments in this respect.

2. Debt bondage, serfdom and forced or compulsory labour. The Committee notes that by virtue of section 149 of the Penal Code, as amended by Act No. 10.803 of 11 December 2003, it is an offence to subject any person to conditions similar to slavery, whether by compelling that person to forced labour or whether by subjecting that person to degrading working conditions. The Committee also notes that under the terms of subsection (1) of section 149 those: (i) who keep the worker from leaving the workplace; and (ii) who watch over the worker or retain the worker’s documents or personal belongings with a view to keeping the worker from leaving the workplace is liable to a sanction. Moreover, it notes that by virtue of section 203 of the Penal Code, it is an offence to breach, by fraud or violence, rights embodied in labour legislation. Under subsection (1) of section 203, those who: (i) force or coerce somebody to use merchandise from a given establishment, resulting in a debt that makes it impossible for that person to leave service; and (ii) prevent an individual from ceasing to provide services of any type, through coercion or by withholding their personal or contractual documents, is liable to a sanction.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes that by virtue of Article 143 of the Federal Constitution, military service is compulsory as set forth by law. Thus, under the terms of section 3 of Act No. 4.375 of 17 August 1964 (Military Service Act), the initial military service shall be done by Brazilians in the year during which they become 19 years old. According to section 5 of the Military Service Act, in times of peace, one’s military obligations begin on 1 January of the year when they become 18 years old. Moreover, subsection (2) of section 5 allows for voluntary military service to be carried out by persons over 17 years of age.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that sections 240 and 241 of the Statute of the Child and Adolescent Act No. 8.069 of 13 July 1990, as amended by Act No. 10.764 of 12 November 2003, deal with child pornography. Section 240 states that it is an offence to produce or direct theatre productions, television plays or cinema films, photos or any other media utilizing a child (a person aged under 12 years - section 2) or adolescent (a person aged from 12 to 18 years - section 2) in scenes of explicit or pornographic sex. According to section 240(2), the penalty is increased if the offence is committed for commercial purposes. Furthermore, section 241 makes it an offence to present, produce, sell, supply, distribute or publish by any means of communication, including the Worldwide Web, photos or images containing pornography or scenes of explicit or pornographic sex involving a child or adolescent. Section 241(1) makes it an offence to procure, authorize or facilitate the participation of the child or adolescent in the pornographic productions. The penalty shall be increased if the offence is committed for commercial purposes.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that the Anti-drugs Act No. 6.368 of 21 October 1976, deals with unlawful trafficking and the use of narcotics, criminalizing a number of acts. It also notes that section 18(3) states that the penalty will be increased if any of the offences involve minors (persons under 21 years of age), either as accomplices or as victims. According to the information available at the Office, the number of young persons involved in drug trafficking is increasing, and those involved in these activities are ever younger. The reason attributed to this phenomenon is the fact that using minors in the "business" keeps the costs lower than using adults in their place, e.g. for the payment of bail when they are arrested, as well as for the payment of tips to the police. The Committee requests the Government to provide information on the application of the legislation in practice.

Clause (d). 1. Hazardous work. The Committee notes that by virtue of article 7, paragraph XXXIII, of the Federal Constitution, night work, dangerous or unhealthy work is prohibited for children under the age of 18 years. It also notes that according to section 403 of the Consolidated Labour Act, as amended by Act No. 10.097 of 19 December 2000, a minor (a worker aged from 14 to 18 years - section 402) may not work in places harmful to the minor’s education, physical, mental, moral and social development and at times and in places which would prevent attendance at school. Moreover, section 404 of the Consolidated Labour Act lays down that children under 18 years are prohibited from night work, which is defined as working between 10 p.m. and 5 a.m. Finally, section 67 of the Statute of the Child and Adolescent, Act No. 8.069 of 13 July 1990, states that employees, apprentices, children in family employment, technical school students, trainees in a governmental or non-governmental agency are prohibited from carrying out the following work: (i) night work between 10 p.m. on one day and 5 a.m. on the following day; (ii) dangerous, unhealthy or heavy work; (iii) work in places prejudicial to their education and their physical, mental, moral and social development; and (iv) work performed at times and in places which would prevent them from attending school.

Article 4, paragraphs 1 and 3. Determination and revision of hazardous work. The Committee notes that by virtue of section 405 of the Consolidated Labour Act, minors are not permitted to work: (i) in dangerous or unhealthy locations or services as set out in the table approved for this purpose by the Labour Inspectorate; and (ii) in locations or services prejudicial to their morality. The Committee also notes the information provided by the Government that, upon ratification of Convention No. 182, it established a tripartite commission, within the Ministry of Labour and Employment, made up of representatives of the Federal Government, employers and workers, mandated to revise Decree No. 3.616 of 13 September 1941 (which enumerated activities prohibited to workers under the age of 18 years) and to draw up a new list of the prohibited hazardous work. Moreover, a specific technical group of individuals representing tobacco, cotton and citrus fruit cultivation was established to list the stages of the cultivation processes considered to be inappropriate for minors under 18 years of age. The Committee notes with interest that the Labour Inspectorate Order No. 20 of 13 September 2001, which was amended by the Labour Inspectorate Order No. 4 of 21 March 2002, provides for a detailed list of activities that constitute hazardous work. Under the terms of section 1 of the Labour Inspectorate Order No. 20, children under the age of 18 are prohibited from working in the activities listed in Annex 1.

Paragraph 2. Identification of hazardous work. The Committee notes that the Government has provided no information with regard to this paragraph. It draws the Government’s attention to Article 4, paragraph 2, of the Convention according to which the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of work determined as hazardous exist. The Committee requests the Government to provide information on the measures taken to identify where the types of hazardous work so determined exist.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. 1. National Forum for the Elimination of Child Labour (FNPETI). The Committee notes with interest that the Government has established several mechanisms to prevent and eliminate child labour in its worst forms. It notes, in particular, that FNPETI has the competence to discuss public policies and matters relating to preventing and combating child labour in Brazil. FNPETI was set up in 1994 with the support of ILO and UNICEF and is coordinated by the Ministry of Labour and Employment. According to the Government, its principal faculties are focused on coordinating the activities of its members (includes governmental organizations, as well as representatives of workers, and employers and NGOs), with a view to achieving an integrated policy for protecting children and adolescents and to providing final solutions to ensure the eradication of any and all forms of illegal exploitation of child and adolescent labour. It sets forth the priorities for the prevention and elimination of the worst forms of child labour.

2. Special Groups for Fighting Child Labour and Protecting Working Adolescents (GECTIPAs). The Committee notes that GECTIPAs was set up by Order No. 7 of 23 March 2000, and is coordinated by the Ministry of Labour and Employment. By virtue of section 2 of Order No. 7, GECTIPAs has as its goal the eradication of child labour and the guarantee of the rights of young persons at work. The Committee also notes the adoption of Order No. 1 of 23 March 2000 which issues guidance to labour auditor-inspectors on the procedures they should adopt with respect to cases of child labour and young persons at work.

3. National Council for the Eradication of Child Labour (CONAETI) and National Council for Children’s and Young Persons’ Rights (CONANDA). CONAETI was set up by the Ministry of Labour and Employment, Order No. 365 of 12 September 2002 and reformed under Order No. 952 of 8 July 2003. According to section 1(IV) of Order No. 952, CONAETI has the competence to propose mechanisms to ensure the implementation and enforcement of Convention No. 182. Moreover, CONANDA was set up by Decree No. 8.242 of 12 October 1992. The competencies of CONANDA were established by Decree No. 5.089 of 20 May 2004. According to section 2 of Decree No. 5.089/2004, CONANDA’s role includes, among others: preparation of general principles of national policy on the protection of children’s and young persons’ rights (clause I); overseeing the implementation of the national policy on the protection of children and young persons (clause II); assessing state and municipal policies and the performance of the state and municipal councils for children’s and young persons’ rights (clause III); supporting educational campaigns on promotion of children’s and young persons’ rights (clause V); managing the National Fund for Children’s and Young Persons’ Rights (clause VIII). The Committee requests the Government to provide information on the mechanisms designated to monitor the implementation of national provisions giving effect to the Convention (i.e. any extracts of reports or documents showing the functioning of these mechanisms), in particular as regards the functioning and achievements of the FNPETI, GECTIPAs, CONAETI and CONANDA.

4. Mobile Inspection Group. The Committee notes the information provided by the Government that the elimination of forced labour is a priority for the Federal Government. Thus, the Ministry of Labour and Employment’s Mobile Inspection Group has been established to travel all over the country to investigate complaints. Moreover, the Committee notes that the Government has adopted Order No. 1.234 of 17 November 2003 which establishes procedures on how to communicate information on the findings of the Labour Inspectorate to other Government bodies. In particular, the procedures provide for the possibility of supplying the Government with a list of employers who have been exploiting slave labour. The Committee requests the Government to provide information on the results achieved by the Ministry of Labour and Employment’s Mobile Inspection Group and on the mechanisms set up by Order No. 1.234 of 17 November 2003 with regard to monitoring the implementation of the provisions giving effect to the Convention.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. 1. Programme for the Elimination of Child Labour (PETI). The Committee notes that PETI, as a government programme and activity, is the main instrument of public policy for the prevention and eradication of child labour. PETI is under the authority of the Ministry of Welfare and Social Assistance and of the Ministry of Labour and Employment. It was introduced as a pilot scheme in 1996, and is now established in all the 27 federal states reaching a population of 810,116 children and young persons across the country. PETI is a conditional income transfer programme which consists of a monthly grant (called the child-citizen grant - Bolsa Criança-Cidadä) to families who have children aged seven to 15 years who work and who withdraw them from work and ensure their attendance at school. According to the Government’s information, the number of grants increased from 3,710 scholarships in 1996 to 866,000 in March 2002. The Committee requests the Government to provide information on the manner in which PETI could detect and prevent as a priority the worst forms of child labour, in consultation with workers’ and employers’ organizations and taking into account the views of other concerned groups.

2. Programme on child trafficking. The Committee notes the information provided by the Government according to which the Department of Children and Adolescents is carrying out the research project entitled traffic in women, children and adolescents for the purposes of sexual exploitation in Brazil. The Committee notes that its report to the Committee on the Rights of the Child in September 2004 (CRC/C/3/Add.65, paragraph 666), the Government declared that the results of this study are being used by the National Secretariat for Human Rights as indicators for developing a policy agenda that it is expected to pull together resources to strengthen networks that protect children and adolescents and the law enforcement system. The Committee requests the Government to provide information on details of the achievements and impact of the project on traffic in women, children and adolescents for the purposes of sexual exploitation in Brazil.

Article 7, paragraph 1. Measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention. The Committee notes that according to section 149 of the Penal Code, as amended by Act No. 10.803 of December 2003, whoever subjects any person to conditions similar to slavery is liable to two to eight years’ imprisonment and a fine. By virtue of section 149(2), the penalty shall be increased by a half if the offence is committed against a child or adolescent. Moreover, under the terms of section 206 of the Penal Code, it is an offence to recruit workers, through fraudulent means, with a view to taking them abroad. It also notes that section 207(1) of the Penal Code make it an offence to recruit workers through fraudulent means or by receiving payments or benefits from the workers, or without ensuring their return to their original residence, with a view to taking them to another locality in the territory, Section 207(2) of the Penal Code states that the penalty shall be increased by one-sixth to one-third if the victim is under the age of 18. According to section 231 of the Penal Code, the trafficking of women is an offence punishable by imprisonment of three to eight years. Section 231(1) increases the penalty from four to ten years of imprisonment, in case the victim is above the age of 14 and under 18 years old. Furthermore, section 240 of the Statute of the Child and Adolescent states that any person who produces or directs theatre productions, television plays or cinema films, photos or any other media utilizing a child or adolescent in scenes of explicit or pornographic sex, is liable to imprisonment for two to six years and a fine. Section 241 of the Statute of the Child and Adolescent carries penalties of a maximum of six years’ imprisonment and a fine for anyone who presents, produces, sells, supplies, distributes or publishes by any means of communication, including the Worldwide Web, photos or images containing pornography or scenes of explicit or pornographic sex involving a child or adolescent. Finally, section 434 of the Consolidated Labour Act, as amended by Decree No. 229/1967, states that the violation of any of the rules concerning child labour will be punishable by a fine corresponding to one minimum wage for each child concerned. The Committee requests the Government to provide information on the practical application of the penalties laid down in the relevant national provisions.

Paragraph 2. Effective and time-bound measures. The Committee notes with interest that since September 2003, the Government is implementing the ILO/IPEC supported Time-Bound Programme (TBP) on the worst forms of child labour. It notes that the activities and strategies foreseen by the TBP are supposed to represent a pilot of the National Plan of Action for the Elimination of Child Labour in five selected states (Maranhão, Paraíba, Rio de Janeiro, São Paulo and Rio Grande do Sul). The forms of child labour prioritized are: (1) hazardous agricultural activities; particularly household agricultural activities (in rural and urban areas); (2) hazardous child work in the informal sector (urban areas); (3) child domestic labour (rural and urban areas); (4) sexual exploitation for commercial purposes (rural and urban areas); (5) drug farming and drug trafficking (rural and urban areas). The TBP will provide assistance to develop key programmes and activities to create the necessary conditions to make possible the elimination of child labour in Brazil, particularly its worst forms. At the national level, the TBP will focus on the creation of an enabling environment by executing activities in the following areas: knowledge generation and communication; awareness raising; education; and capacity building.

Clauses (a) and (b). Prevent the engagement of children in the worst forms of child labour and direct assistance for the removal of children and for their rehabilitation. The Committee notes that under the TBP, a total of 4,000 girls and boys will be targeted for withdrawal and prevention from exploitative and hazardous work through the provision of educational services following direct action from the project. ILO/IPEC estimates that 2,666 boys and girls will be withdrawn from work and 1,334 will be prevented from being engaged in child labour. The Committee requests the Government to provide information on the number of children under the age of 18 who were prevented from engaging in the worst forms of child labour in the sectors targeted by the TBP. The Committee also requests the Government to provide information on the impact of the TBP with regard to removing children from the worst forms of child labour in the sectors targeted by it, and providing for their rehabilitation and social integration.

Clause (c). Ensure access to free basic education and vocational training of all children removed from the worst forms of child labour. The Committee requests the Government to indicate the effective and time-bound measures taken to ensure access to free basic education or vocational training of the girls and boys targeted by the TBP.

Clause (d). Identifying and reaching out to children at special risk. 1. Child victims of HIV/AIDS. The Committee notes that according to the information available at the Joint United Nations Programme on HIV/AIDS, the HIV/AIDS pandemic is affecting every community in Brazil. The Committee observes that the pandemic of HIV/AIDS has consequences on child victims of AIDS and orphans who might more easily engage in the worst forms of child labour. It requests the Government to provide information on effective and time-bound measures taken to address the situation of these children.

2. Child domestic workers. The Committee notes the information provided by the Government that Order No. 78 of 19 April 2002 set up a technical committee composed of ministerial departments, international organizations, including the ILO, and NGOs. The objectives of the technical committee were discussed and it presented a proposal for an intervention strategy for child domestic labour, with the task of analysing the context of child domestic labour in Brazil. The technical committee also discussed control mechanisms to keep children and young persons out of this kind of work and proposed guidelines for specific intervention to combat the problem. The technical committee concluded its work in December 2002 and submitted a draft plan of action on the subject. The Committee notes that Inter-ministerial Order No. 6 of 23 July 2003, published by the Ministers of Social Action, Labour and Employment and Education, set up the Special Committee on Domestic Child Labour (CETID), with a view to pursuing the discussion on domestic child labour already under way. The Committee asks the Government to provide information on measures taken to protect child domestic workers under 18 from work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children. It also asks the Government to communicate a copy of the plan of action on child domestic workers.

Clause (e). Take account of the special situation of girls. The Committee asks the Government to provide information on the manner in which the TBP will take account of the special situation of girls.

Article 8. International cooperation and/or assistance. The Committee notes that Brazil is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. The Committee notes that Constitutional Amendment No. 31 of 14 December 2000 created the Fund for the Prevention and Eradication of Poverty. It notes that article 79 of the Federal Constitution states that the objectives of the Fund for the Prevention and Eradication of Poverty are to provide all Brazilians access to reasonable levels of subsistence. The resources of the Fund will be allocated to providing additional nutrition, housing, education, health, enhancing family incomes and other relevant programmes of social interest to enhance the quality of life. The Committee notes that the Government works with the World Bank on a project entitled: "The Maranhao Integrated Programme for Rural Poverty Re-education". The Committee asks the Government to continue to supply information on international cooperation and/or assistance received to tackle the worst forms of child labour. Noting that poverty reduction programmes contribute to breaking the cycle of poverty which is essential for the elimination of the worst forms of child labour, the Committee also requests the Government to supply information on any notable impact of the Maranhao Integrated Programme for Rural Poverty Re-education on eliminating the worst forms of child labour.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first and second reports. Referring to its comments under the Forced Labour Convention, 1930 (No. 29), in so far as Article 3(b) of the Worst Forms of Child Labour Convention, 1999 (No. 182), provides that the worst forms of child labour include "the use, procuring or offering of a child for prostitution", the Committee is of the view that the issue of child prostitution can be examined more specifically under this Convention. It requests the Government to supply further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution. In its previous observation under Convention No. 29, the Committee requested the Government to provide information on the comments made by the International Confederation of Free Trade Unions (ICFTU) in October 1999 concerning the debt bondage of young persons forced to engage in prostitution in the state of Rondonia. The Committee once again requests the Government to provide information on the allegations made by the ICFTU.

The Committee notes that under the terms of section 228 of the Penal Code, it is an offence, punishable by a penalty of imprisonment of two to five years, to induce, facilitate or promote the prostitution of any person. It also notes that section 228(1) carries a penalty of imprisonment of three to eight years, if the victim is above the age of 14 and under 18. Section 228(2) of the Penal Code lays down that if the offence is perpetrated with the use of violence or threats, the perpetrator is liable to a penalty of imprisonment of four to ten years. Moreover, by virtue of section 228(3), a fine will also apply if the crime is committed for commercial purposes. The Committee notes that section 244-A of the Child and Adolescent Act No. 8.069 of 13 July 1990, introduced by Act No. 9.975 of 23 June 2000, prohibits child prostitution. According to this provision, any person who subjects a child or adolescent to prostitution or to sexual exploitation is liable to a penalty of imprisonment of four to ten years and a fine. Moreover, by virtue of section 244-A(2), the owner, manager or person responsible for the premises where the child or adolescent has been subjected to prostitution or to sexual exploitation is liable to the same penalty. In the event of conviction, the establishment’s licence must be revoked immediately.

The Committee notes 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 adolescents is an increasing phenomenon. It is estimated that around 500,000 children between 9 and 17 years of age are sexually exploited in Brazil. The Committee recalls that by virtue of Article 3(b) of the Convention, the use, procuring or offering of children under the age of 18 years for prostitution is considered to be one of the worst forms of child labour, and that under the terms of Article 1 of the Convention, each Member which ratifies the Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee expresses its serious concern about the actual number of children in Brazil who are sexually exploited for commercial purposes. It strongly encourages the Government to increase its efforts to improve the situation and to take the necessary measures to secure the prohibition and elimination of the use, procuring or offering of a child less than 18 years of age for sexual exploitation. Moreover, it asks the Government to provide information on the practical application of the penalties.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s indication that it is currently studying the establishment of a permanent national commission for the elimination of child labour, which would be responsible for continuously overseeing the application of ILO Conventions on child labour. The Committee requests the Government to provide information on its efforts to establish the permanent national commission for the elimination of child labour and on the concrete measures taken by this or other bodies to prohibit the use, procuring or offering of children under 18 years of age for prostitution, and the results achieved.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. The Committee notes that in June 2000, the National Council on the Rights of Children (CONANDA) approved the National Plan to Combat Sexual Violence against Children and Adolescents. It also notes that in its report to the Committee on the Rights of the Child in September 2004 (CRC/C/3/Add.65, para. 658), the Government states that as part of these actions, the Sentinel Programme was established to provide children, adolescents and their relatives involved in situations of sexual violence with expert social services. Today it covers 315 Brazilian municipalities. These municipalities include the state capitals, metropolitan regions, tourist centres, port cities, trade centres, highway junctions, mining areas and border regions. Every month in 2002, the Programme took care of over 34,000 people, including children, adolescents and their relatives, thus doubling its initial forecast. In addition to this measure, from 1998 to 2002, several public campaigns were carried out to combat sexual violence against children and adolescents. Noteworthy initiatives in this context include the campaigns carried out together with the Brazilian Tourism Institute (EMBRATUR) against sexual tourism and the creation of a telephone hotline for the nationwide registration of denunciations. Both of these actions were also supported by the Brazilian Children’s and Adolescents’ Support Association (ABRAPIA). In this regard, the Committee notes the Government’s information that EMBRATUR, under the auspices of the Ministry of Sport and Tourism, coordinates, implements and enforces the National Tourism Policy. Moreover, in partnership with ABRAPIA and with the Ministry of Justice, EMBRATUR launched in 1997 a campaign to combat sex tourism involving children by establishing a free telephone hotline solely to receive complaints about sex tourism. During the course of 2002, this campaign was bolstered by the launching of a film to raise awareness of the measures to combat sex tourism. It was publicized by the federal police, embassies and consulates, together with international organizations and NGOs, and the film was shown on television throughout the country. The Committee requests the Government to provide a copy of the National Plan to Combat Sexual Violence against Children and Adolescents and to provide information on the results achieved through its implementation. It also requests the Government to continue providing information on the functioning of the Sentinel Programme.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation. The Committee notes with interest that since September 2003, the Government has been implementing the ILO/IPEC Time-Bound Programme (TBP) on the worst forms of child labour. It notes that the activities and strategies foreseen by the TBP are supposed to represent a pilot of the National Plan of Action for the Elimination of Child Labour in five selected states (Maranhão, Paraíba, Rio de Janeiro, São Paulo and Rio Grande do Sul). One of the forms of child labour targeted by the TBP is the commercial sexual exploitation of children in both rural and urban areas. The TBP will provide assistance to develop key programmes and activities to create the necessary conditions to make possible the elimination of child labour in Brazil, particularly its worst forms. The Committee also notes that in 2001, ILO/IPEC launched a project entitled "Programme to prevent and eliminate the commercial sexual exploitation of children and adolescents in Argentina, Brazil and Paraguay". For Brazil, the Programme has implemented actions in Foz do Iguaçu city. The project will be finished at the end of November 2004. According to the information available at the Office, one of the objectives of the project is to reduce the involvement of 1,000 girls, boys and adolescents in commercial sexual exploitation and integrate them into school. This is achieved notably through the granting of a subsidy to families which had children involved in commercial sexual exploitation, seeking by means of a grant to supplement family income sources to allow the child to stop work and return to school full time. The Committee requests the Government to provide information on the achievements of the TBP and the Programme to prevent and eliminate the commercial sexual exploitation of children and adolescents in Argentina, Brazil and Paraguay, and their impact with regard to removing children under 18 years of age from commercial sexual exploitation and providing for their rehabilitation and social integration.

Parts III and V of the report form. Practical application of the Convention. The Committee notes that, in relation to the sexual exploitation of children and adolescents on 24 June 2004, the Public Prosecution Service of the State of Minas Gerais brought criminal charges against 37 people for the sexual exploitation of over 30 children and adolescents in the city of São Francisco-MG, of whom 23 victims were under the age of 14. The Public Prosecution Service also requested that some of those involved be remanded in custody. On 5 July 2004, nine persons who were accused were remanded in custody. Moreover, the Committee notes that the federal police have released the final results of the Tamar Operation, which was carried out on 18 June 2004, in cooperation with the Joint Parliamentary Commission of Inquiry on Violence and Sexual Exploitation against Children and Adolescents. Nine people were arrested in flagrante delicto, ten investigations were started and over 300 establishments were inspected.

The Committee nevertheless notes that the Government does not give an overview of the extent of the worst forms of child labour in the country. Consequently, the Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in Brazil and any practical difficulties encountered in the application of the Convention, and also to supply copies or extracts from official documents including inspection reports, studies and inquiries and, where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements, investigations, prosecutions, convictions and penal sanctions. As far as possible, such information and statistical data should include data disaggregated by sex, age group, occupation, branch of economic activity, status in employment, school attendance and geographical location.

The Committee is also addressing a request directly to the Government concerning other detailed points.