Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (a). Trafficking in persons. The Committee notes with interest the adoption of Law No. 3/2017, of 25 January 2017, which amends sections 163 and 164 of the Penal Code, extending the definition of child trafficking to all persons under 18 years of age and foreseeing aggravated penalties for the crimes of slavery and trafficking in persons when the victims are under 18. The Committee notes that the new section 163(3) of the Penal Code foresees a punishment of 8 to 20 years imprisonment for “any person who recruits, transports, transfers, harbours or receives a person under 18 years for the purpose of exploitation”. It further notes that the new section 163(2) defines exploitation as “including at a minimum, the exploitation of prostitution or other forms of sexual exploitation, … labour exploitation or the exploitation of the services of others, forced labour or debt bondage, begging, slavery, … exploitation of other criminal activities, or the use in armed conflicts or in civil insurrections.” Section 164 provides for a stronger penalty if this is committed against a person under 18 years. The Committee requests the Government to provide information on the application of Law No. 3/2017 and of the above-mentioned provisions of the Penal Code, including their impact on preventing and combating the trafficking of children under 18 years of age, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed.

Clauses (b) and (c). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. Use, procuring or offering a child for illicit activities, in particular the production and trafficking of drugs. Begging. In its previous comments, the Committee observed that sections 155, 174, 175 and 176 of the Penal Code, as well as the prohibitions on the use, procuring or offering of a child for prostitution, production of pornography or pornographic performances contained in both the Labour Code of 2012 (section 67(2)(b)) and the draft Child’s Code (section 39) only provided protection to children under 17 years of age. In this connection, the Committee recalled that pursuant to Articles 1, 2 and 3 of the Convention, the worst forms of child labour must be prohibited to all children under 18 years of age and requested the Government to ensure that the legislation be amended so that the use, procuring or offering of a child for the purpose of begging, prostitution, production of pornography and pornographic performances, as well as for illicit activities, in particular the production and trafficking of drugs, would be prohibited for all children under 18 years of age. The Committee notes with regret that sections 155, 174, 175 and 176 of the Penal Code, which prohibit promoting, facilitating, or contributing towards engaging another person in prostitution, as well as the use, recruitment or offer of a child for the practice of unlawful acts or activities, namely the production and trafficking in narcotics, and the use of a child for begging, have not been amended and therefore only provide protection to children under 17 years of age. Observing that the protection offered by the legislation only covers children under 17 years of age, the Committee once again urges the Government to prohibit the use, procuring and offering of all persons under the age of 18 years for illicit activities, for the purpose of prostitution, production of pornography and pornographic performances, as well as their use for begging. It requests the Government to provide information on the measures taken in this regard, in its next report.

Clause (d) and Article 4(1). Hazardous work and determination of types of hazardous work. Observing that the protection offered in sections 67(1) and 67(2)(d) of the Labour Code of 2012, section 155 of the Penal Code and section 79 of the draft Child’s Code which prohibit the employment of children in hazardous work, only applies to persons under 17 years of age, the Committee had urged the Government to amend such legislation to prohibit the engagement of all children under 18 years of age in hazardous types of work, in conformity with Article 2 and Article 3(d) of the Convention. The Committee had also hoped that a list of hazardous types of work prohibited to all children under 18 would be adopted after consultation with the organizations of employers and workers concerned. The Committee notes the Government’s information that a draft Decree Law for the protection of all children under 18 years in hazardous types of work has been prepared after consultations between tripartite partners and other relevant stakeholders, and is to be submitted to the Council of Ministers for adoption. The Committee expresses the firm hope that such Decree Law will be adopted without delay, and urges the Government to take the necessary measures to ensure that the above-mentioned legislation is amended to prohibit the engagement of all children under 18 years of age in hazardous types of work. It requests the Government to provide a copy of the Decree Law, once adopted.

Articles 5 and 7(1) and (3). Monitoring mechanisms and penalties. The Committee had requested the Government to provide information on the activities of the General Directorate of Labour Inspection, particularly on the work of the staff dedicated to addressing the worst forms of child labour, including the number of violations detected in this regard, and the specific penalties applied. It also requested information on the progress made towards the establishment of a national commission on child labour. The Committee notes the Government’s indication that the Statute of the Labour Inspection assigns such office with the specific mandate to promote working conditions and to inspect the employment of children at the workplace. In the period 2012–17, 25 labour inspectors conducted 6,560 regular labour inspections, including with the aim to protect children from the worst forms of child labour. However, no information on violations detected and on the specific penalties applied is provided. The Government further indicates that there is no information on the number of investigations, prosecutions, convictions and penalties applied. The Committee notes with interest that Government Resolution No. 1/2014 established the National Commission on Child Labour (CNTI), as the responsible entity for the implementation of the Convention in Timor-Leste, including to draft the national action plan against child labour and to draft, approve and periodically review the list of hazardous work forbidden to children under 18, as well as to monitor and evaluate their application. According to such Resolution, the CNTI is composed of different ministries, employers’ and workers’ organizations, as well as civil society representatives, and meets quarterly. The Committee requests the Government to provide detailed information on the activities of the CNTI and their results. It further requests the Government to continue to provide information on the activities of the General Directorate of Labour Inspection, particularly on the work of the staff dedicated to addressing the worst forms of child labour, including the number of violations detected in this regard, and the specific penalties applied.

Article 6. National programmes of action. The Committee notes the Government’s indication that the Council of Ministers approved a National Action Plan for Children 2016–20, as a strong commitment for the protection of children. The Plan foresees, among other measures, the adoption and amendment of laws (Constitution Penal Code and labour law) and policies in order to prevent and address child labour and children’s exploitation, as well as to combat trafficking in persons. The Committee further notes the information provided by the Government that the National Action Plan to eliminate the Worst Forms of Child Labour in Timor-Leste is ready for submission to the Council of Ministers for approval. The Committee encourages the Government to pursue its efforts to ensure that the National Action Plan to eliminate the worst forms of child labour is adopted as soon as possible. It also requests the Government to provide a copy of this plan, once adopted, and to provide information on its implementation.

Article 7(2). Effective and time-bound measures. Clauses (a) and (c). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes the information provided by the Government on follow-up to the concluding observations on the initial report of Timor-Leste to the Committee on the Protection of the Rights of Migrant Workers and members of their families, according to which the Government engaged in a national campaign and disseminated information to commemorate the World Day against Child Labour in an effort to specifically protect children from forced and abusive labour [CMW/C/TLS/CO/1/Add.1, paragraph 4]. It further notes that, as indicated in the Decent Work Country Programme 2016–2020, in response to the interest expressed by the Government, the ILO has been providing technical assistance on action to eradicate child labour, notably by conducting a nationwide survey on child labour and forced labour in 2016. The survey indicates a high prevalence of child labour at about 24 per cent among 6–14-year-olds and that 6.9 per cent of children aged 5–17 years are involved in hazardous work. Nearly 2 in every 3 children in hazardous work are working as “field crop and vegetable growers”. While 76.7 per cent of the children engaged in hazardous work attend school, they are less likely to attend school compared to those not involved in hazardous activities. The survey shows that the main reasons for children to work are to supplement family income and to learn skills. [Timor-Leste National Child Labour Survey 2016 – Analytical Report, ILO 2019]. In this context, the Committee takes due note of the Government Resolution No. 18/2017, of 12 April 2017, which adopts a National Policy for Inclusive Education. Among others, the policy underlines the disparities that persist in access to education between children from urban and rural areas and includes measures aiming at fostering the return to school of child labourers (objective 7), especially by means of the reinforcement of the educational subsidy, Bolsa da Mãe, and the revision of curricula to promote the development of skills adapted to the local context. In view of the fact that education is key to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to pursue its efforts to facilitate access to free basic education for all children, with a particular focus on children from poor families and rural areas. It requests the Government to continue to provide information on measures taken in this regard and on the results achieved, particularly with regard to increasing school enrolment rates, and reducing the number of out-of-school children, paying particular attention to disparities in access to education based on gender, socio-economic and ethnic criteria.

Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking and commercial sexual exploitation. The Committee notes the Government’s reply that no information is accessible yet on the number of victims of trafficking and commercial sexual exploitation under 18 years of age who have been identified by the National Division for Social Reinsertion, as well as on the number of child victims who have received services for their rehabilitation and social reintegration. The Committee also notes that Law No. 3/2017, of 25 January 2017, specifically addresses the protection and assistance to child victims of trafficking, taking into account their particular needs in terms of accommodation, healthcare and education. The Committee requests the Government to provide information on the number of victims of trafficking and commercial sexual exploitation under 18 years of age who have been identified, as well as the number of child victims who have received services for their rehabilitation and social reintegration.

Clause (d). Identify and reach out to children at special risk. Street children. The Committee notes the Government’s statement that so far the number of street children has not been assessed. The Committee also notes that, according to the National Action Plan of Children 2016–20, the Government foresees to undertake a study on street children, to develop a strategy for their protection and to provide these children with adequate protection and assistance for recovery and social reintegration, including shelter. Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee requests the Government to continue to provide information on the measures taken to protect such children from the worst forms of child labour, including the number of street children who have benefited from any initiatives taken in this regard.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. The Committee noted that section 155 of the Penal Code prohibits any person who provides guardianship or custody to a minor aged less than 17 years, or who is responsible for their upbringing, or who does so under employment, from using, procuring or offering a minor for the purposes of prostitution, production of pornographic material or pornographic shows. The Committee also noted that section 174 of the Penal Code prohibits promoting, facilitating, or contributing towards engaging another person in prostitution, and that section 175(1) provides for a stronger penalty if this act of exploitation is committed against a minor aged less than 17 years. Section 175(2) prohibits offering, obtaining, seeking or delivering a minor aged less than 17 years for the purpose of child prostitution. Moreover, the Committee noted that section 176 of the Penal Code, on child pornography, prohibits the use, exposure or representation of a minor aged less than 17 years performing any sexual activity, as well as the production, distribution, dissemination or selling of any communication, document or record of such acts. The Committee further observed that the prohibitions on the use, procuring or offering of a child for prostitution or pornographic prohibitions contained in both the Labour Code of 2012 (section 67(2)(b)) and the draft Child’s Code (section 39) only provide protection to children under 17 years of age. In this connection, the Committee recalled that, pursuant to Articles 1, 2 and 3 of the Convention, the worst forms of child labour must be prohibited to all children under 18 years of age. The Committee therefore strongly requests the Government to take the necessary measures, in the near future, to ensure that the relevant legislation is amended to ensure that the use, procuring and offering of a child for the purpose of prostitution as well as the production of pornography and pornographic performances is prohibited for all children under 18 years of age. It requests the Government to provide information on measures taken in this regard, in its next report.

Clause (c). Use, procuring or offering a child for illicit activities, in particular the production and trafficking of drugs. Production and trafficking of drugs. The Committee noted that section 155(e) of the Penal Code states that it is prohibited for any person who provides guardianship or custody, or is responsible for the upbringing of a minor aged less than 17 years, or does so under employment, to use, recruit or offer the minor for the practice of unlawful acts or activities, namely the production and trafficking in narcotics as defined by international Conventions. Recalling that Article 3(c) of the Convention prohibits the use, procuring or offering of all persons under the age of 18 years for the production and trafficking of drugs, the Committee requests the Government to take measures in the near future to prohibit this worst form of child labour for all persons under 18 and to provide information on progress made in this regard.

Begging. The Committee noted that section 155(2) of the Penal Code prohibits the use of a minor for begging, but that pursuant to section 155(1), the term minor appears to only cover children under the age of 17 years. The Committee requests the Government to take the necessary measures to prohibit the use of all children under 18 for the purpose of begging.

Clause (d). Hazardous work. The Committee noted that section 67(1) of the Labour Code of 2012 states that it is prohibited to employ a minor (defined as a person under 17, pursuant to section 5(h)) in work that is dangerous or liable to jeopardize their education or endanger their health, or mental, moral or social development. Section 67(2)(d) of the Labour Code states that 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, is also prohibited, although the Committee observed that the term “child” is not defined. The Committee further noted that section 155 of the Penal Code states that it is prohibited to subject a minor under 17 years of age to economic exploitation, hazardous work or work capable of compromising his or her education or physical, mental, spiritual, moral or social development. Lastly, the Committee noted that section 79 of the draft Child’s Code prohibits employment of persons under 15 years of age, and prohibits the employment or work of children between the ages of 15 and 17 in activities which, either by their nature or due to specific circumstances, can endanger the children’s health, safety or morals. Observing that the protection offered in the relevant legislation only covers children under 17 years of age, the Committee urges the Government to take the necessary measures to ensure that the relevant legislation is amended to prohibit the engagement of all children under 18 years of age in hazardous types of work, in conformity with Article 2 and Article 3(d) of the Convention.

Article 4(1). Determination of types of hazardous work. The Committee noted that section 68(4) of the Labour Code of 2012 states that a minor shall not carry out unhealthy or dangerous tasks, or ones which require demanding physical effort, as defined by the competent authority. In this regard, the Committee noted the Government’s statement that initial consultations on the list of hazardous types of work were held in 2011, and that the list is expected to be finalized in 2012. The Committee also noted the information from ILO–IPEC that a second workshop on the determination of the types of hazardous work was held in March 2012. The Committee expresses the firm hope that a list of hazardous types of work prohibited to all children under 18 will be adopted in the near future, after consultation with the organizations of employers and workers concerned. It requests the Government to provide a copy of the list, once adopted.

Article 5. Monitoring mechanisms. The Committee noted the Government’s statement that the General Directorate of Labour Inspection is the authority with responsibility for monitoring the elimination of the worst forms of child labour, with three dedicated staff addressing the subject. The Committee also noted that the Committee on the Rights of the Child (CRC), in its concluding observations of 14 February 2008, recommended that the Government take measures to ensure that the relevant child labour provisions were vigorously enforced through a sufficient number of adequately resourced and mandated labour inspectors (CRC/C/TLS/CO/1, paragraph 78). The Committee requests the Government to provide information on the activities of the General Directorate of Labour Inspection, particularly on the work of the staff dedicated to addressing the worst forms of child labour, including the number of violations detected in this regard, and the specific penalties applied.

Article 6. National programmes of action. The Committee noted the statement in the Government’s report that ILO–IPEC is currently working with the Government to elaborate a programme on the worst forms of child labour. The Government also indicated that work is being undertaken to create a national commission on child labour, in which trade unions, employers’ organizations and various ministries are participating. The Government indicated that the national commission is expected to be established in 2012, and will be responsible for elaborating national programmes to eliminate the worst forms of child labour. The Committee requests the Government to pursue its efforts to ensure the elaboration and adoption of a national programme to eliminate the worst forms of child labour and to provide a copy of this national programme, once adopted. It also requests the Government to continue to provide information on the progress made towards the establishment of a national commission on child labour.

Article 7(1). Penalties and the application of the Convention in practice. The Committee noted the Government’s statement that national legislation provides for sanctions and penalties for engaging children in the worst forms of child labour. In this regard, the Committee noted that section 164(b) of the Penal Code provides for a penalty of 12 to 25 years’ imprisonment for the trafficking or enslavement of a minor, while section 166(2)(b) provides for a penalty of four to 12 years’ imprisonment for the sale of a minor. Moreover, section 175 of the Penal Code establishes a penalty of four to 12 years’ imprisonment for contributing towards, promoting or facilitating engaging a minor in prostitution and section 176 provides for a penalty of three to ten years’ imprisonment for the use of a minor for the purpose of pornography. The Committee also noted that section 155(1) of the Penal Code provides that the following offences are punishable with two to six years of imprisonment, if no heavier penalty is applicable by force of another legal provision: using, recruiting or offering a minor for practicing unlawful acts or activities, namely production and trafficking in narcotics; and engaging a child in hazardous work. Section 155(2) of the Penal Code provides that using a minor for begging is punishable with up to three years’ imprisonment, if no heavier penalty is applicable by force of another legal provision. The Committee requests the Government to provide, in its next report, information on the application in practice of these provisions of the Penal Code, including the number of investigations, prosecutions, convictions and penalties applied. To the extent possible, all information provided should be disaggregated by sex and by age.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee noted the Government’s statement that there is currently an educational subsidy, Bolsa da Mae, available to children who meet a certain criteria of vulnerability. The Committee also noted the statement of the CRC in its concluding observations of 14 February 2008 that measures had been taken to increase enrolment rates, including among children living in poverty and children in rural areas. However, the CRC expressed concern that a large number of children in Timor-Leste between 6 and 11 years were still not enrolled in school, that less than 50 per cent of children reached grade 6, and that access to schools remained problematic in some rural areas (CRC/C/TLS/CO/1, paragraph 64). In this regard, the Committee noted that, according to the 2011 UNESCO Global Monitoring Report – Education for All, the net enrolment rate in primary education in 2008 was 76 per cent. This report also indicates that there were approximately 43,000 out of school children of primary school age in 2008 (out of the school age population of approximately 189,000 children). Recalling that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to pursue its efforts to facilitate access to free basic education for all children, with a particular focus on children from poor families and rural areas. It requests the Government to continue to provide information on measures taken in this regard and on the results achieved, particularly with regard to increasing school enrolment rates and reducing the number of out-of-school children.

Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking and commercial sexual exploitation. The Committee noted the Government’s statement in its reply to the list of issues of the CRC in connection with the Optional Protocol on the sale of children, child prostitution and child pornography of 14 January 2008 that the National Division for Social Reinsertion works with agencies and other counterparts to create a mechanism for the detection of sale and trafficking of children, child prostitution and child pornography (CRC/C/OPSC/TLS/Q/1Add.1, paragraph 4). The Committee also noted the Government’s statement in its report to the Human Rights Council for the Universal Periodic Review of 19 July 2011 that, in recent years, Timor-Leste has become a destination of human trafficking for the purposes of sexual exploitation. The Government stated that it guarantees assistance to victims of trafficking, including medical assistance, psychological support and counselling, through measures taken by the Ministry of Social Solidarity and the Ministry of Health. The Government further indicated that it has engaged in partnerships with non-governmental organizations to provide temporary shelter for these victims (A/HRC/WG.6/12/TLS/1, paragraph 30). The Committee requests the Government to provide information on the number of victims of trafficking and commercial sexual exploitation under 18 years of age who have been identified by the National Division for Social Reinsertion, as well as the number of child victims who have received services for their rehabilitation and social reintegration.

Clause (d). Identify and reach out to children at special risk. Street children. The Committee noted that the CRC, in its concluding observations of 15 February 2008, expressed concern about the situation of children who work or live on the streets, mostly due to socio-economic factors, in light of the risks to which these children are exposed. Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee requests the Government to provide information on the measures taken or envisaged to protect such children from the worst forms of child labour, including the number of street children who have benefited from any initiatives taken in this regard.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. The Committee noted that section 155 of the Penal Code prohibits any person who provides guardianship or custody to a minor aged less than 17 years, or who is responsible for their upbringing, or who does so under employment, from using, procuring or offering a minor for the purposes of prostitution, production of pornographic material or pornographic shows. The Committee also noted that section 174 of the Penal Code prohibits promoting, facilitating, or contributing towards engaging another person in prostitution, and that section 175(1) provides for a stronger penalty if this act of exploitation is committed against a minor aged less than 17 years. Section 175(2) prohibits offering, obtaining, seeking or delivering a minor aged less than 17 years for the purpose of child prostitution. Moreover, the Committee noted that section 176 of the Penal Code, on child pornography, prohibits the use, exposure or representation of a minor aged less than 17 years performing any sexual activity, as well as the production, distribution, dissemination or selling of any communication, document or record of such acts. The Committee further observed that the prohibitions on the use, procuring or offering of a child for prostitution or pornographic prohibitions contained in both the Labour Code of 2012 (section 67(2)(b)) and the draft Child’s Code (section 39) only provide protection to children under 17 years of age. In this connection, the Committee recalled that, pursuant to Articles 1, 2 and 3 of the Convention, the worst forms of child labour must be prohibited to all children under 18 years of age. The Committee therefore strongly requests the Government to take the necessary measures, in the near future, to ensure that the relevant legislation is amended to ensure that the use, procuring and offering of a child for the purpose of prostitution as well as the production of pornography and pornographic performances is prohibited for all children under 18 years of age. It requests the Government to provide information on measures taken in this regard, in its next report.

Clause (c). Use, procuring or offering a child for illicit activities, in particular the production and trafficking of drugs. Production and trafficking of drugs. The Committee noted that section 155(e) of the Penal Code states that it is prohibited for any person who provides guardianship or custody, or is responsible for the upbringing of a minor aged less than 17 years, or does so under employment, to use, recruit or offer the minor for the practice of unlawful acts or activities, namely the production and trafficking in narcotics as defined by international Conventions. Recalling that Article 3(c) of the Convention prohibits the use, procuring or offering of all persons under the age of 18 years for the production and trafficking of drugs, the Committee requests the Government to take measures in the near future to prohibit this worst form of child labour for all persons under 18 and to provide information on progress made in this regard.

Begging. The Committee noted that section 155(2) of the Penal Code prohibits the use of a minor for begging, but that pursuant to section 155(1), the term minor appears to only cover children under the age of 17 years. The Committee requests the Government to take the necessary measures to prohibit the use of all children under 18 for the purpose of begging.

Clause (d). Hazardous work. The Committee noted that section 67(1) of the Labour Code of 2012 states that it is prohibited to employ a minor (defined as a person under 17, pursuant to section 5(h)) in work that is dangerous or liable to jeopardize their education or endanger their health, or mental, moral or social development. Section 67(2)(d) of the Labour Code states that 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, is also prohibited, although the Committee observed that the term “child” is not defined. The Committee further noted that section 155 of the Penal Code states that it is prohibited to subject a minor under 17 years of age to economic exploitation, hazardous work or work capable of compromising his or her education or physical, mental, spiritual, moral or social development. Lastly, the Committee noted that section 79 of the draft Child’s Code prohibits employment of persons under 15 years of age, and prohibits the employment or work of children between the ages of 15 and 17 in activities which, either by their nature or due to specific circumstances, can endanger the children’s health, safety or morals. Observing that the protection offered in the relevant legislation only covers children under 17 years of age, the Committee urges the Government to take the necessary measures to ensure that the relevant legislation is amended to prohibit the engagement of all children under 18 years of age in hazardous types of work, in conformity with Article 2 and Article 3(d) of the Convention.

Article 4(1). Determination of types of hazardous work. The Committee noted that section 68(4) of the Labour Code of 2012 states that a minor shall not carry out unhealthy or dangerous tasks, or ones which require demanding physical effort, as defined by the competent authority. In this regard, the Committee noted the Government’s statement that initial consultations on the list of hazardous types of work were held in 2011, and that the list is expected to be finalized in 2012. The Committee also noted the information from ILO–IPEC that a second workshop on the determination of the types of hazardous work was held in March 2012. The Committee expresses the firm hope that a list of hazardous types of work prohibited to all children under 18 will be adopted in the near future, after consultation with the organizations of employers and workers concerned. It requests the Government to provide a copy of the list, once adopted.

Article 5. Monitoring mechanisms. The Committee noted the Government’s statement that the General Directorate of Labour Inspection is the authority with responsibility for monitoring the elimination of the worst forms of child labour, with three dedicated staff addressing the subject. The Committee also noted that the Committee on the Rights of the Child (CRC), in its concluding observations of 14 February 2008, recommended that the Government take measures to ensure that the relevant child labour provisions were vigorously enforced through a sufficient number of adequately resourced and mandated labour inspectors (CRC/C/TLS/CO/1, paragraph 78). The Committee requests the Government to provide information on the activities of the General Directorate of Labour Inspection, particularly on the work of the staff dedicated to addressing the worst forms of child labour, including the number of violations detected in this regard, and the specific penalties applied.

Article 6. National programmes of action. The Committee noted the statement in the Government’s report that ILO–IPEC is currently working with the Government to elaborate a programme on the worst forms of child labour. The Government also indicated that work is being undertaken to create a national commission on child labour, in which trade unions, employers’ organizations and various ministries are participating. The Government indicated that the national commission is expected to be established in 2012, and will be responsible for elaborating national programmes to eliminate the worst forms of child labour. The Committee requests the Government to pursue its efforts to ensure the elaboration and adoption of a national programme to eliminate the worst forms of child labour and to provide a copy of this national programme, once adopted. It also requests the Government to continue to provide information on the progress made towards the establishment of a national commission on child labour.

Article 7(1). Penalties and the application of the Convention in practice. The Committee noted the Government’s statement that national legislation provides for sanctions and penalties for engaging children in the worst forms of child labour. In this regard, the Committee noted that section 164(b) of the Penal Code provides for a penalty of 12 to 25 years’ imprisonment for the trafficking or enslavement of a minor, while section 166(2)(b) provides for a penalty of four to 12 years’ imprisonment for the sale of a minor. Moreover, section 175 of the Penal Code establishes a penalty of four to 12 years’ imprisonment for contributing towards, promoting or facilitating engaging a minor in prostitution and section 176 provides for a penalty of three to ten years’ imprisonment for the use of a minor for the purpose of pornography. The Committee also noted that section 155(1) of the Penal Code provides that the following offences are punishable with two to six years of imprisonment, if no heavier penalty is applicable by force of another legal provision: using, recruiting or offering a minor for practicing unlawful acts or activities, namely production and trafficking in narcotics; and engaging a child in hazardous work. Section 155(2) of the Penal Code provides that using a minor for begging is punishable with up to three years’ imprisonment, if no heavier penalty is applicable by force of another legal provision. The Committee requests the Government to provide, in its next report, information on the application in practice of these provisions of the Penal Code, including the number of investigations, prosecutions, convictions and penalties applied. To the extent possible, all information provided should be disaggregated by sex and by age.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee noted the Government’s statement that there is currently an educational subsidy, Bolsa da Mae, available to children who meet a certain criteria of vulnerability. The Committee also noted the statement of the CRC in its concluding observations of 14 February 2008 that measures had been taken to increase enrolment rates, including among children living in poverty and children in rural areas. However, the CRC expressed concern that a large number of children in Timor-Leste between 6 and 11 years were still not enrolled in school, that less than 50 per cent of children reached grade 6, and that access to schools remained problematic in some rural areas (CRC/C/TLS/CO/1, paragraph 64). In this regard, the Committee noted that, according to the 2011 UNESCO Global Monitoring Report – Education for All, the net enrolment rate in primary education in 2008 was 76 per cent. This report also indicates that there were approximately 43,000 out of school children of primary school age in 2008 (out of the school age population of approximately 189,000 children). Recalling that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to pursue its efforts to facilitate access to free basic education for all children, with a particular focus on children from poor families and rural areas. It requests the Government to continue to provide information on measures taken in this regard and on the results achieved, particularly with regard to increasing school enrolment rates and reducing the number of out-of-school children.

Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking and commercial sexual exploitation. The Committee noted the Government’s statement in its reply to the list of issues of the CRC in connection with the Optional Protocol on the sale of children, child prostitution and child pornography of 14 January 2008 that the National Division for Social Reinsertion works with agencies and other counterparts to create a mechanism for the detection of sale and trafficking of children, child prostitution and child pornography (CRC/C/OPSC/TLS/Q/1Add.1, paragraph 4). The Committee also noted the Government’s statement in its report to the Human Rights Council for the Universal Periodic Review of 19 July 2011 that, in recent years, Timor-Leste has become a destination of human trafficking for the purposes of sexual exploitation. The Government stated that it guarantees assistance to victims of trafficking, including medical assistance, psychological support and counselling, through measures taken by the Ministry of Social Solidarity and the Ministry of Health. The Government further indicated that it has engaged in partnerships with non-governmental organizations to provide temporary shelter for these victims (A/HRC/WG.6/12/TLS/1, paragraph 30). The Committee requests the Government to provide information on the number of victims of trafficking and commercial sexual exploitation under 18 years of age who have been identified by the National Division for Social Reinsertion, as well as the number of child victims who have received services for their rehabilitation and social reintegration.

Clause (d). Identify and reach out to children at special risk. Street children. The Committee noted that the CRC, in its concluding observations of 15 February 2008, expressed concern about the situation of children who work or live on the streets, mostly due to socio-economic factors, in light of the risks to which these children are exposed. Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee requests the Government to provide information on the measures taken or envisaged to protect such children from the worst forms of child labour, including the number of street children who have benefited from any initiatives taken in this regard.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. The Committee noted that section 155 of the Penal Code prohibits any person who provides guardianship or custody to a minor aged less than 17 years, or who is responsible for their upbringing, or who does so under employment, from using, procuring or offering a minor for the purposes of prostitution, production of pornographic material or pornographic shows. The Committee also noted that section 174 of the Penal Code prohibits promoting, facilitating, or contributing towards engaging another person in prostitution, and that section 175(1) provides for a stronger penalty if this act of exploitation is committed against a minor aged less than 17 years. Section 175(2) prohibits offering, obtaining, seeking or delivering a minor aged less than 17 years for the purpose of child prostitution. Moreover, the Committee noted that section 176 of the Penal Code, on child pornography, prohibits the use, exposure or representation of a minor aged less than 17 years performing any sexual activity, as well as the production, distribution, dissemination or selling of any communication, document or record of such acts. The Committee further observed that the prohibitions on the use, procuring or offering of a child for prostitution or pornographic prohibitions contained in both the Labour Code of 2012 (section 67(2)(b)) and the draft Child’s Code (section 39) only provide protection to children under 17 years of age. In this connection, the Committee recalled that, pursuant to Articles 1, 2 and 3 of the Convention, the worst forms of child labour must be prohibited to all children under 18 years of age. The Committee therefore strongly requests the Government to take the necessary measures, in the near future, to ensure that the relevant legislation is amended to ensure that the use, procuring and offering of a child for the purpose of prostitution as well as the production of pornography and pornographic performances is prohibited for all children under 18 years of age. It requests the Government to provide information on measures taken in this regard, in its next report.

Clause (c). Use, procuring or offering a child for illicit activities, in particular the production and trafficking of drugs. Production and trafficking of drugs. The Committee noted that section 155(e) of the Penal Code states that it is prohibited for any person who provides guardianship or custody, or is responsible for the upbringing of a minor aged less than 17 years, or does so under employment, to use, recruit or offer the minor for the practice of unlawful acts or activities, namely the production and trafficking in narcotics as defined by international Conventions. Recalling that Article 3(c) of the Convention prohibits the use, procuring or offering of all persons under the age of 18 years for the production and trafficking of drugs, the Committee requests the Government to take measures in the near future to prohibit this worst form of child labour for all persons under 18 and to provide information on progress made in this regard.

Begging. The Committee noted that section 155(2) of the Penal Code prohibits the use of a minor for begging, but that pursuant to section 155(1), the term minor appears to only cover children under the age of 17 years. The Committee requests the Government to take the necessary measures to prohibit the use of all children under 18 for the purpose of begging.

Clause (d). Hazardous work. The Committee noted that section 67(1) of the Labour Code of 2012 states that it is prohibited to employ a minor (defined as a person under 17, pursuant to section 5(h)) in work that is dangerous or liable to jeopardize their education or endanger their health, or mental, moral or social development. Section 67(2)(d) of the Labour Code states that 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, is also prohibited, although the Committee observed that the term “child” is not defined. The Committee further noted that section 155 of the Penal Code states that it is prohibited to subject a minor under 17 years of age to economic exploitation, hazardous work or work capable of compromising his or her education or physical, mental, spiritual, moral or social development. Lastly, the Committee noted that section 79 of the draft Child’s Code prohibits employment of persons under 15 years of age, and prohibits the employment or work of children between the ages of 15 and 17 in activities which, either by their nature or due to specific circumstances, can endanger the children’s health, safety or morals. Observing that the protection offered in the relevant legislation only covers children under 17 years of age, the Committee urges the Government to take the necessary measures to ensure that the relevant legislation is amended to prohibit the engagement of all children under 18 years of age in hazardous types of work, in conformity with Article 2 and Article 3(d) of the Convention.

Article 4(1). Determination of types of hazardous work. The Committee noted that section 68(4) of the Labour Code of 2012 states that a minor shall not carry out unhealthy or dangerous tasks, or ones which require demanding physical effort, as defined by the competent authority. In this regard, the Committee noted the Government’s statement that initial consultations on the list of hazardous types of work were held in 2011, and that the list is expected to be finalized in 2012. The Committee also noted the information from ILO–IPEC that a second workshop on the determination of the types of hazardous work was held in March 2012. The Committee expresses the firm hope that a list of hazardous types of work prohibited to all children under 18 will be adopted in the near future, after consultation with the organizations of employers and workers concerned. It requests the Government to provide a copy of the list, once adopted.

Article 5. Monitoring mechanisms. The Committee noted the Government’s statement that the General Directorate of Labour Inspection is the authority with responsibility for monitoring the elimination of the worst forms of child labour, with three dedicated staff addressing the subject. The Committee also noted that the Committee on the Rights of the Child (CRC), in its concluding observations of 14 February 2008, recommended that the Government take measures to ensure that the relevant child labour provisions were vigorously enforced through a sufficient number of adequately resourced and mandated labour inspectors (CRC/C/TLS/CO/1, paragraph 78). The Committee requests the Government to provide information on the activities of the General Directorate of Labour Inspection, particularly on the work of the staff dedicated to addressing the worst forms of child labour, including the number of violations detected in this regard, and the specific penalties applied.

Article 6. National programmes of action. The Committee noted the statement in the Government’s report that ILO–IPEC is currently working with the Government to elaborate a programme on the worst forms of child labour. The Government also indicated that work is being undertaken to create a national commission on child labour, in which trade unions, employers’ organizations and various ministries are participating. The Government indicated that the national commission is expected to be established in 2012, and will be responsible for elaborating national programmes to eliminate the worst forms of child labour. The Committee requests the Government to pursue its efforts to ensure the elaboration and adoption of a national programme to eliminate the worst forms of child labour and to provide a copy of this national programme, once adopted. It also requests the Government to continue to provide information on the progress made towards the establishment of a national commission on child labour.

Article 7(1). Penalties and the application of the Convention in practice. The Committee noted the Government’s statement that national legislation provides for sanctions and penalties for engaging children in the worst forms of child labour. In this regard, the Committee noted that section 164(b) of the Penal Code provides for a penalty of 12 to 25 years’ imprisonment for the trafficking or enslavement of a minor, while section 166(2)(b) provides for a penalty of four to 12 years’ imprisonment for the sale of a minor. Moreover, section 175 of the Penal Code establishes a penalty of four to 12 years’ imprisonment for contributing towards, promoting or facilitating engaging a minor in prostitution and section 176 provides for a penalty of three to ten years’ imprisonment for the use of a minor for the purpose of pornography. The Committee also noted that section 155(1) of the Penal Code provides that the following offences are punishable with two to six years of imprisonment, if no heavier penalty is applicable by force of another legal provision: using, recruiting or offering a minor for practicing unlawful acts or activities, namely production and trafficking in narcotics; and engaging a child in hazardous work. Section 155(2) of the Penal Code provides that using a minor for begging is punishable with up to three years’ imprisonment, if no heavier penalty is applicable by force of another legal provision. The Committee requests the Government to provide, in its next report, information on the application in practice of these provisions of the Penal Code, including the number of investigations, prosecutions, convictions and penalties applied. To the extent possible, all information provided should be disaggregated by sex and by age.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee noted the Government’s statement that there is currently an educational subsidy, Bolsa da Mae, available to children who meet a certain criteria of vulnerability. The Committee also noted the statement of the CRC in its concluding observations of 14 February 2008 that measures had been taken to increase enrolment rates, including among children living in poverty and children in rural areas. However, the CRC expressed concern that a large number of children in Timor-Leste between 6 and 11 years were still not enrolled in school, that less than 50 per cent of children reached grade 6, and that access to schools remained problematic in some rural areas (CRC/C/TLS/CO/1, paragraph 64). In this regard, the Committee noted that, according to the 2011 UNESCO Global Monitoring Report – Education for All, the net enrolment rate in primary education in 2008 was 76 per cent. This report also indicates that there were approximately 43,000 out of school children of primary school age in 2008 (out of the school age population of approximately 189,000 children). Recalling that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to pursue its efforts to facilitate access to free basic education for all children, with a particular focus on children from poor families and rural areas. It requests the Government to continue to provide information on measures taken in this regard and on the results achieved, particularly with regard to increasing school enrolment rates and reducing the number of out-of-school children.

Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking and commercial sexual exploitation. The Committee noted the Government’s statement in its reply to the list of issues of the CRC in connection with the Optional Protocol on the sale of children, child prostitution and child pornography of 14 January 2008 that the National Division for Social Reinsertion works with agencies and other counterparts to create a mechanism for the detection of sale and trafficking of children, child prostitution and child pornography (CRC/C/OPSC/TLS/Q/1Add.1, paragraph 4). The Committee also noted the Government’s statement in its report to the Human Rights Council for the Universal Periodic Review of 19 July 2011 that, in recent years, Timor-Leste has become a destination of human trafficking for the purposes of sexual exploitation. The Government stated that it guarantees assistance to victims of trafficking, including medical assistance, psychological support and counselling, through measures taken by the Ministry of Social Solidarity and the Ministry of Health. The Government further indicated that it has engaged in partnerships with non-governmental organizations to provide temporary shelter for these victims (A/HRC/WG.6/12/TLS/1, paragraph 30). The Committee requests the Government to provide information on the number of victims of trafficking and commercial sexual exploitation under 18 years of age who have been identified by the National Division for Social Reinsertion, as well as the number of child victims who have received services for their rehabilitation and social reintegration.

Clause (d). Identify and reach out to children at special risk. Street children. The Committee noted that the CRC, in its concluding observations of 15 February 2008, expressed concern about the situation of children who work or live on the streets, mostly due to socio-economic factors, in light of the risks to which these children are exposed. Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee requests the Government to provide information on the measures taken or envisaged to protect such children from the worst forms of child labour, including the number of street children who have benefited from any initiatives taken in this regard.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. The Committee noted that section 155 of the Penal Code prohibits any person who provides guardianship or custody to a minor aged less than 17 years, or who is responsible for their upbringing, or who does so under employment, from using, procuring or offering a minor for the purposes of prostitution, production of pornographic material or pornographic shows. The Committee also noted that section 174 of the Penal Code prohibits promoting, facilitating, or contributing towards engaging another person in prostitution, and that section 175(1) provides for a stronger penalty if this act of exploitation is committed against a minor aged less than 17 years. Section 175(2) prohibits offering, obtaining, seeking or delivering a minor aged less than 17 years for the purpose of child prostitution. Moreover, the Committee noted that section 176 of the Penal Code, on child pornography, prohibits the use, exposure or representation of a minor aged less than 17 years performing any sexual activity, as well as the production, distribution, dissemination or selling of any communication, document or record of such acts. The Committee further observed that the prohibitions on the use, procuring or offering of a child for prostitution or pornographic prohibitions contained in both the Labour Code of 2012 (section 67(2)(b)) and the draft Child’s Code (section 39) only provide protection to children under 17 years of age. In this connection, the Committee recalled that, pursuant to Articles 1, 2 and 3 of the Convention, the worst forms of child labour must be prohibited to all children under 18 years of age. The Committee therefore strongly requests the Government to take the necessary measures, in the near future, to ensure that the relevant legislation is amended to ensure that the use, procuring and offering of a child for the purpose of prostitution as well as the production of pornography and pornographic performances is prohibited for all children under 18 years of age. It requests the Government to provide information on measures taken in this regard, in its next report.

Clause (c). Use, procuring or offering a child for illicit activities, in particular the production and trafficking of drugs. Production and trafficking of drugs. The Committee noted that section 155(e) of the Penal Code states that it is prohibited for any person who provides guardianship or custody, or is responsible for the upbringing of a minor aged less than 17 years, or does so under employment, to use, recruit or offer the minor for the practice of unlawful acts or activities, namely the production and trafficking in narcotics as defined by international Conventions. Recalling that Article 3(c) of the Convention prohibits the use, procuring or offering of all persons under the age of 18 years for the production and trafficking of drugs, the Committee requests the Government to take measures in the near future to prohibit this worst form of child labour for all persons under 18 and to provide information on progress made in this regard.

Begging. The Committee noted that section 155(2) of the Penal Code prohibits the use of a minor for begging, but that pursuant to section 155(1), the term minor appears to only cover children under the age of 17 years. The Committee requests the Government to take the necessary measures to prohibit the use of all children under 18 for the purpose of begging.

Clause (d). Hazardous work. The Committee noted that section 67(1) of the Labour Code of 2012 states that it is prohibited to employ a minor (defined as a person under 17, pursuant to section 5(h)) in work that is dangerous or liable to jeopardize their education or endanger their health, or mental, moral or social development. Section 67(2)(d) of the Labour Code states that 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, is also prohibited, although the Committee observed that the term “child” is not defined. The Committee further noted that section 155 of the Penal Code states that it is prohibited to subject a minor under 17 years of age to economic exploitation, hazardous work or work capable of compromising his or her education or physical, mental, spiritual, moral or social development. Lastly, the Committee noted that section 79 of the draft Child’s Code prohibits employment of persons under 15 years of age, and prohibits the employment or work of children between the ages of 15 and 17 in activities which, either by their nature or due to specific circumstances, can endanger the children’s health, safety or morals. Observing that the protection offered in the relevant legislation only covers children under 17 years of age, the Committee urges the Government to take the necessary measures to ensure that the relevant legislation is amended to prohibit the engagement of all children under 18 years of age in hazardous types of work, in conformity with Article 2 and Article 3(d) of the Convention.

Article 4(1). Determination of types of hazardous work. The Committee noted that section 68(4) of the Labour Code of 2012 states that a minor shall not carry out unhealthy or dangerous tasks, or ones which require demanding physical effort, as defined by the competent authority. In this regard, the Committee noted the Government’s statement that initial consultations on the list of hazardous types of work were held in 2011, and that the list is expected to be finalized in 2012. The Committee also noted the information from ILO–IPEC that a second workshop on the determination of the types of hazardous work was held in March 2012. The Committee expresses the firm hope that a list of hazardous types of work prohibited to all children under 18 will be adopted in the near future, after consultation with the organizations of employers and workers concerned. It requests the Government to provide a copy of the list, once adopted.

Article 5. Monitoring mechanisms. The Committee noted the Government’s statement that the General Directorate of Labour Inspection is the authority with responsibility for monitoring the elimination of the worst forms of child labour, with three dedicated staff addressing the subject. The Committee also noted that the Committee on the Rights of the Child (CRC), in its concluding observations of 14 February 2008, recommended that the Government take measures to ensure that the relevant child labour provisions were vigorously enforced through a sufficient number of adequately resourced and mandated labour inspectors (CRC/C/TLS/CO/1, paragraph 78). The Committee requests the Government to provide information on the activities of the General Directorate of Labour Inspection, particularly on the work of the staff dedicated to addressing the worst forms of child labour, including the number of violations detected in this regard, and the specific penalties applied.

Article 6. National programmes of action. The Committee noted the statement in the Government’s report that ILO–IPEC is currently working with the Government to elaborate a programme on the worst forms of child labour. The Government also indicated that work is being undertaken to create a national commission on child labour, in which trade unions, employers’ organizations and various ministries are participating. The Government indicated that the national commission is expected to be established in 2012, and will be responsible for elaborating national programmes to eliminate the worst forms of child labour. The Committee requests the Government to pursue its efforts to ensure the elaboration and adoption of a national programme to eliminate the worst forms of child labour and to provide a copy of this national programme, once adopted. It also requests the Government to continue to provide information on the progress made towards the establishment of a national commission on child labour.

Article 7(1). Penalties and the application of the Convention in practice. The Committee noted the Government’s statement that national legislation provides for sanctions and penalties for engaging children in the worst forms of child labour. In this regard, the Committee noted that section 164(b) of the Penal Code provides for a penalty of 12 to 25 years’ imprisonment for the trafficking or enslavement of a minor, while section 166(2)(b) provides for a penalty of four to 12 years’ imprisonment for the sale of a minor. Moreover, section 175 of the Penal Code establishes a penalty of four to 12 years’ imprisonment for contributing towards, promoting or facilitating engaging a minor in prostitution and section 176 provides for a penalty of three to ten years’ imprisonment for the use of a minor for the purpose of pornography. The Committee also noted that section 155(1) of the Penal Code provides that the following offences are punishable with two to six years of imprisonment, if no heavier penalty is applicable by force of another legal provision: using, recruiting or offering a minor for practicing unlawful acts or activities, namely production and trafficking in narcotics; and engaging a child in hazardous work. Section 155(2) of the Penal Code provides that using a minor for begging is punishable with up to three years’ imprisonment, if no heavier penalty is applicable by force of another legal provision. The Committee requests the Government to provide, in its next report, information on the application in practice of these provisions of the Penal Code, including the number of investigations, prosecutions, convictions and penalties applied. To the extent possible, all information provided should be disaggregated by sex and by age.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee noted the Government’s statement that there is currently an educational subsidy, Bolsa da Mae, available to children who meet a certain criteria of vulnerability. The Committee also noted the statement of the CRC in its concluding observations of 14 February 2008 that measures had been taken to increase enrolment rates, including among children living in poverty and children in rural areas. However, the CRC expressed concern that a large number of children in Timor-Leste between 6 and 11 years were still not enrolled in school, that less than 50 per cent of children reached grade 6, and that access to schools remained problematic in some rural areas (CRC/C/TLS/CO/1, paragraph 64). In this regard, the Committee noted that, according to the 2011 UNESCO Global Monitoring Report – Education for All, the net enrolment rate in primary education in 2008 was 76 per cent. This report also indicates that there were approximately 43,000 out-of-school children of primary school age in 2008 (out of the school age population of approximately 189,000 children). Recalling that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to pursue its efforts to facilitate access to free basic education for all children, with a particular focus on children from poor families and rural areas. It requests the Government to continue to provide information on measures taken in this regard and on the results achieved, particularly with regard to increasing school enrolment rates and reducing the number of out-of-school children.

Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking and commercial sexual exploitation. The Committee noted the Government’s statement in its reply to the list of issues of the CRC in connection with the Optional Protocol on the sale of children, child prostitution and child pornography of 14 January 2008 that the National Division for Social Reinsertion works with agencies and other counterparts to create a mechanism for the detection of sale and trafficking of children, child prostitution and child pornography (CRC/C/OPSC/TLS/Q/1Add.1, paragraph 4). The Committee also noted the Government’s statement in its report to the Human Rights Council for the Universal Periodic Review of 19 July 2011 that, in recent years, Timor-Leste has become a destination of human trafficking for the purposes of sexual exploitation. The Government stated that it guarantees assistance to victims of trafficking, including medical assistance, psychological support and counselling, through measures taken by the Ministry of Social Solidarity and the Ministry of Health. The Government further indicated that it has engaged in partnerships with non-governmental organizations to provide temporary shelter for these victims (A/HRC/WG.6/12/TLS/1, paragraph 30). The Committee requests the Government to provide information on the number of victims of trafficking and commercial sexual exploitation under 18 years of age who have been identified by the National Division for Social Reinsertion, as well as the number of child victims who have received services for their rehabilitation and social reintegration.

Clause (d). Identify and reach out to children at special risk. Street children. The Committee noted that the CRC, in its concluding observations of 15 February 2008, expressed concern about the situation of children who work or live on the streets, mostly due to socio-economic factors, in light of the risks to which these children are exposed. Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee requests the Government to provide information on the measures taken or envisaged to protect such children from the worst forms of child labour, including the number of street children who have benefited from any initiatives taken in this regard.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. The Committee noted that section 155 of the Penal Code prohibits any person who provides guardianship or custody to a minor aged less than 17 years, or who is responsible for their upbringing, or who does so under employment, from using, procuring or offering a minor for the purposes of prostitution, production of pornographic material or pornographic shows. The Committee also noted that section 174 of the Penal Code prohibits promoting, facilitating, or contributing towards engaging another person in prostitution, and that section 175(1) provides for a stronger penalty if this act of exploitation is committed against a minor aged less than 17 years. Section 175(2) prohibits offering, obtaining, seeking or delivering a minor aged less than 17 years for the purpose of child prostitution. Moreover, the Committee noted that section 176 of the Penal Code, on child pornography, prohibits the use, exposure or representation of a minor aged less than 17 years performing any sexual activity, as well as the production, distribution, dissemination or selling of any communication, document or record of such acts. The Committee further observed that the prohibitions on the use, procuring or offering of a child for prostitution or pornographic prohibitions contained in both the Labour Code of 2012 (section 67(2)(b)) and the draft Child’s Code (section 39) only provide protection to children under 17 years of age. In this connection, the Committee recalled that, pursuant to Articles 1, 2 and 3 of the Convention, the worst forms of child labour must be prohibited to all children under 18 years of age. The Committee therefore strongly requests the Government to take the necessary measures, in the near future, to ensure that the relevant legislation is amended to ensure that the use, procuring and offering of a child for the purpose of prostitution as well as the production of pornography and pornographic performances is prohibited for all children under 18 years of age. It requests the Government to provide information on measures taken in this regard, in its next report.

Clause (c). Use, procuring or offering a child for illicit activities, in particular the production and trafficking of drugs. 1. Production and trafficking of drugs. The Committee noted that section 155(e) of the Penal Code states that it is prohibited for any person who provides guardianship or custody, or is responsible for the upbringing of a minor aged less than 17 years, or does so under employment, to use, recruit or offer the minor for the practice of unlawful acts or activities, namely the production and trafficking in narcotics as defined by international Conventions. Recalling that Article 3(c) of the Convention prohibits the use, procuring or offering of all persons under the age of 18 years for the production and trafficking of drugs, the Committee requests the Government to take measures in the near future to prohibit this worst form of child labour for all persons under 18 and to provide information on progress made in this regard.

2. Begging. The Committee noted that section 155(2) of the Penal Code prohibits the use of a minor for begging, but that pursuant to section 155(1), the term minor appears to only cover children under the age of 17 years. The Committee requests the Government to take the necessary measures to prohibit the use of all children under 18 for the purpose of begging.

Clause (d). Hazardous work. The Committee noted that section 67(1) of the Labour Code of 2012 states that it is prohibited to employ a minor (defined as a person under 17, pursuant to section 5(h)) in work that is dangerous or liable to jeopardize their education or endanger their health, or mental, moral or social development. Section 67(2)(d) of the Labour Code states that 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, is also prohibited, although the Committee observed that the term “child” is not defined. The Committee further noted that section 155 of the Penal Code states that it is prohibited to subject a minor under 17 years of age to economic exploitation, hazardous work or work capable of compromising his or her education or physical, mental, spiritual, moral or social development. Lastly, the Committee noted that section 79 of the draft Child’s Code prohibits employment of persons under 15 years of age, and prohibits the employment or work of children between the ages of 15 and 17 in activities which, either by their nature or due to specific circumstances, can endanger the children’s health, safety or morals. Observing that the protection offered in the relevant legislation only covers children under 17 years of age, the Committee urges the Government to take the necessary measures to ensure that the relevant legislation is amended to prohibit the engagement of all children under 18 years of age in hazardous types of work, in conformity with Article 2 and Article 3(d) of the Convention.

Article 4(1). Determination of types of hazardous work. The Committee noted that section 68(4) of the Labour Code of 2012 states that a minor shall not carry out unhealthy or dangerous tasks, or ones which require demanding physical effort, as defined by the competent authority. In this regard, the Committee noted the Government’s statement that initial consultations on the list of hazardous types of work were held in 2011, and that the list is expected to be finalized in 2012. The Committee also noted the information from ILO–IPEC that a second workshop on the determination of the types of hazardous work was held in March 2012. The Committee expresses the firm hope that a list of hazardous types of work prohibited to all children under 18 will be adopted in the near future, after consultation with the organizations of employers and workers concerned. It requests the Government to provide a copy of the list, once adopted.

Article 5. Monitoring mechanisms. The Committee noted the Government’s statement that the General Directorate of Labour Inspection is the authority with responsibility for monitoring the elimination of the worst forms of child labour, with three dedicated staff addressing the subject. The Committee also noted that the Committee on the Rights of the Child (CRC), in its concluding observations of 14 February 2008, recommended that the Government take measures to ensure that the relevant child labour provisions were vigorously enforced through a sufficient number of adequately resourced and mandated labour inspectors (CRC/C/TLS/CO/1, paragraph 78). The Committee requests the Government to provide information on the activities of the General Directorate of Labour Inspection, particularly on the work of the staff dedicated to addressing the worst forms of child labour, including the number of violations detected in this regard, and the specific penalties applied.

Article 6. National programmes of action. The Committee noted the statement in the Government’s report that ILO–IPEC is currently working with the Government to elaborate a programme on the worst forms of child labour. The Government also indicated that work is being undertaken to create a national commission on child labour, in which trade unions, employers’ organizations and various ministries are participating. The Government indicated that the national commission is expected to be established in 2012, and will be responsible for elaborating national programmes to eliminate the worst forms of child labour. The Committee requests the Government to pursue its efforts to ensure the elaboration and adoption of a national programme to eliminate the worst forms of child labour and to provide a copy of this national programme, once adopted. It also requests the Government to continue to provide information on the progress made towards the establishment of a national commission on child labour.

Article 7(1) and Part V of the report form. Penalties and the application of the Convention in practice. The Committee noted the Government’s statement that national legislation provides for sanctions and penalties for engaging children in the worst forms of child labour. In this regard, the Committee noted that section 164(b) of the Penal Code provides for a penalty of 12 to 25 years’ imprisonment for the trafficking or enslavement of a minor, while section 166(2)(b) provides for a penalty of four to 12 years’ imprisonment for the sale of a minor. Moreover, section 175 of the Penal Code establishes a penalty of four to 12 years’ imprisonment for contributing towards, promoting or facilitating engaging a minor in prostitution and section 176 provides for a penalty of three to ten years’ imprisonment for the use of a minor for the purpose of pornography. The Committee also noted that section 155(1) of the Penal Code provides that the following offences are punishable with two to six years of imprisonment, if no heavier penalty is applicable by force of another legal provision: using, recruiting or offering a minor for practicing unlawful acts or activities, namely production and trafficking in narcotics; and engaging a child in hazardous work. Section 155(2) of the Penal Code provides that using a minor for begging is punishable with up to three years’ imprisonment, if no heavier penalty is applicable by force of another legal provision. The Committee requests the Government to provide, in its next report, information on the application in practice of these provisions of the Penal Code, including the number of investigations, prosecutions, convictions and penalties applied. To the extent possible, all information provided should be disaggregated by sex and by age.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee noted the Government’s statement that there is currently an educational subsidy, Bolsa da Mae, available to children who meet a certain criteria of vulnerability. The Committee also noted the statement of the CRC in its concluding observations of 14 February 2008 that measures had been taken to increase enrolment rates, including among children living in poverty and children in rural areas. However, the CRC expressed concern that a large number of children in Timor-Leste between 6 and 11 years were still not enrolled in school, that less than 50 per cent of children reached grade 6, and that access to schools remained problematic in some rural areas (CRC/C/TLS/CO/1, paragraph 64). In this regard, the Committee noted that, according to the 2011 UNESCO Global Monitoring Report – Education for All, the net enrolment rate in primary education in 2008 was 76 per cent. This report also indicates that there were approximately 43,000 out-of-school children of primary school age in 2008 (out of the school age population of approximately 189,000 children). Recalling that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to pursue its efforts to facilitate access to free basic education for all children, with a particular focus on children from poor families and rural areas. It requests the Government to continue to provide information on measures taken in this regard and on the results achieved, particularly with regard to increasing school enrolment rates and reducing the number of out-of-school children.

Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking and commercial sexual exploitation. The Committee noted the Government’s statement in its reply to the list of issues of the CRC in connection with the Optional Protocol on the sale of children, child prostitution and child pornography of 14 January 2008 that the National Division for Social Reinsertion works with agencies and other counterparts to create a mechanism for the detection of sale and trafficking of children, child prostitution and child pornography (CRC/C/OPSC/TLS/Q/1Add.1, paragraph 4). The Committee also noted the Government’s statement in its report to the Human Rights Council for the Universal Periodic Review of 19 July 2011 that, in recent years, Timor-Leste has become a destination of human trafficking for the purposes of sexual exploitation. The Government stated that it guarantees assistance to victims of trafficking, including medical assistance, psychological support and counselling, through measures taken by the Ministry of Social Solidarity and the Ministry of Health. The Government further indicated that it has engaged in partnerships with non-governmental organizations to provide temporary shelter for these victims (A/HRC/WG.6/12/TLS/1, paragraph 30). The Committee requests the Government to provide information on the number of victims of trafficking and commercial sexual exploitation under 18 years of age who have been identified by the National Division for Social Reinsertion, as well as the number of child victims who have received services for their rehabilitation and social reintegration.

Clause (d). Identify and reach out to children at special risk. Street children. The Committee noted that the CRC, in its concluding observations of 15 February 2008, expressed concern about the situation of children who work or live on the streets, mostly due to socio-economic factors, in light of the risks to which these children are exposed. Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee requests the Government to provide information on the measures taken or envisaged to protect such children from the worst forms of child labour, including the number of street children who have benefited from any initiatives taken in this regard.

Repetition

The Committee noted the Government’s first report.

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. The Committee noted that section 155 of the Penal Code prohibits any person who provides guardianship or custody to a minor aged less than 17 years, or who is responsible for their upbringing, or who does so under employment, from using, procuring or offering a minor for the purposes of prostitution, production of pornographic material or pornographic shows. The Committee also noted that section 174 of the Penal Code prohibits promoting, facilitating, or contributing towards engaging another person in prostitution, and that section 175(1) provides for a stronger penalty if this act of exploitation is committed against a minor aged less than 17 years. Section 175(2) prohibits offering, obtaining, seeking or delivering a minor aged less than 17 years for the purpose of child prostitution. Moreover, the Committee noted that section 176 of the Penal Code, on child pornography, prohibits the use, exposure or representation of a minor aged less than 17 years performing any sexual activity, as well as the production, distribution, dissemination or selling of any communication, document or record of such acts. The Committee further observed that the prohibitions on the use, procuring or offering of a child for prostitution or pornographic prohibitions contained in both the Labour Code of 2012 (section 67(2)(b)) and the draft Child’s Code (section 39) only provide protection to children under 17 years of age. In this connection, the Committee recalled that, pursuant to Articles 1, 2 and 3 of the Convention, the worst forms of child labour must be prohibited to all children under 18 years of age. The Committee therefore strongly requests the Government to take the necessary measures, in the near future, to ensure that the relevant legislation is amended to ensure that the use, procuring and offering of a child for the purpose of prostitution as well as the production of pornography and pornographic performances is prohibited for all children under 18 years of age. It requests the Government to provide information on measures taken in this regard, in its next report.

Clause (c). Use, procuring or offering a child for illicit activities, in particular the production and trafficking of drugs. 1. Production and trafficking of drugs. The Committee noted that section 155(e) of the Penal Code states that it is prohibited for any person who provides guardianship or custody, or is responsible for the upbringing of a minor aged less than 17 years, or does so under employment, to use, recruit or offer the minor for the practice of unlawful acts or activities, namely the production and trafficking in narcotics as defined by international conventions. Recalling that Article 3(c) of the Convention prohibits the use, procuring or offering of all persons under the age of 18 years for the production and trafficking of drugs, the Committee requests the Government to take measures in the near future to prohibit this worst form of child labour for all persons under 18 and to provide information on progress made in this regard.

2. Begging. The Committee noted that section 155(2) of the Penal Code prohibits the use of a minor for begging, but that pursuant to section 155(1), the term minor appears to only cover children under the age of 17 years. The Committee requests the Government to take the necessary measures to prohibit the use of all children under 18 for the purpose of begging.

Clause (d). Hazardous work. The Committee noted that section 67(1) of the Labour Code of 2012 states that it is prohibited to employ a minor (defined as a person under 17, pursuant to section 5(h)) in work that is dangerous or liable to jeopardize their education or endanger their health, or mental, moral or social development. Section 67(2)(d) of the Labour Code states that 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, is also prohibited, although the Committee observed that the term “child” is not defined. The Committee further noted that section 155 of the Penal Code states that it is prohibited to subject a minor under 17 years of age to economic exploitation, hazardous work or work capable of compromising his or her education or physical, mental, spiritual, moral or social development. Lastly, the Committee noted that section 79 of the draft Child’s Code prohibits employment of persons under 15 years of age, and prohibits the employment or work of children between the ages of 15 and 17 in activities which, either by their nature or due to specific circumstances, can endanger the children’s health, safety or morals. Observing that the protection offered in the relevant legislation only covers children under 17 years of age, the Committee urges the Government to take the necessary measures to ensure that the relevant legislation is amended to prohibit the engagement of all children under 18 years of age in hazardous types of work, in conformity with Article 2 and Article 3(d) of the Convention.

Article 4(1). Determination of types of hazardous work. The Committee noted that section 68(4) of the Labour Code of 2012 states that a minor shall not carry out unhealthy or dangerous tasks, or ones which require demanding physical effort, as defined by the competent authority. In this regard, the Committee noted the Government’s statement that initial consultations on the list of hazardous types of work were held in 2011, and that the list is expected to be finalized in 2012. The Committee also noted the information from ILO–IPEC that a second workshop on the determination of the types of hazardous work was held in March 2012. The Committee expresses the firm hope that a list of hazardous types of work prohibited to all children under 18 will be adopted in the near future, after consultation with the organizations of employers and workers concerned. It requests the Government to provide a copy of the list, once adopted.

Article 5. Monitoring mechanisms. The Committee noted the Government’s statement that the General Directorate of Labour Inspection is the authority with responsibility for monitoring the elimination of the worst forms of child labour, with three dedicated staff addressing the subject. The Committee also noted that the Committee on the Rights of the Child (CRC), in its concluding observations of 14 February 2008, recommended that the Government take measures to ensure that the relevant child labour provisions were vigorously enforced through a sufficient number of adequately resourced and mandated labour inspectors (CRC/C/TLS/CO/1, paragraph 78). The Committee requests the Government to provide information on the activities of the General Directorate of Labour Inspection, particularly on the work of the staff dedicated to addressing the worst forms of child labour, including the number of violations detected in this regard, and the specific penalties applied.

Article 6. National programmes of action. The Committee noted the statement in the Government’s report that ILO–IPEC is currently working with the Government to elaborate a programme on the worst forms of child labour. The Government also indicated that work is being undertaken to create a national commission on child labour, in which trade unions, employers’ organizations and various ministries are participating. The Government indicated that the national commission is expected to be established in 2012, and will be responsible for elaborating national programmes to eliminate the worst forms of child labour. The Committee requests the Government to pursue its efforts to ensure the elaboration and adoption of a national programme to eliminate the worst forms of child labour and to provide a copy of this national programme, once adopted. It also requests the Government to continue to provide information on the progress made towards the establishment of a national commission on child labour.

Article 7(1) and Part V of the report form. Penalties and the application of the Convention in practice. The Committee noted the Government’s statement that national legislation provides for sanctions and penalties for engaging children in the worst forms of child labour. In this regard, the Committee noted that section 164(b) of the Penal Code provides for a penalty of 12 to 25 years’ imprisonment for the trafficking or enslavement of a minor, while section 166(2)(b) provides for a penalty of four to 12 years’ imprisonment for the sale of a minor. Moreover, section 175 of the Penal Code establishes a penalty of four to 12 years’ imprisonment for contributing towards, promoting or facilitating engaging a minor in prostitution and section 176 provides for a penalty of three to ten years’ imprisonment for the use of a minor for the purpose of pornography. The Committee also noted that section 155(1) of the Penal Code provides that the following offences are punishable with two to six years of imprisonment, if no heavier penalty is applicable by force of another legal provision: using, recruiting or offering a minor for practicing unlawful acts or activities, namely production and trafficking in narcotics; and engaging a child in hazardous work. Section 155(2) of the Penal Code provides that using a minor for begging is punishable with up to three years’ imprisonment, if no heavier penalty is applicable by force of another legal provision. The Committee requests the Government to provide, in its next report, information on the application in practice of these provisions of the Penal Code, including the number of investigations, prosecutions, convictions and penalties applied. To the extent possible, all information provided should be disaggregated by sex and by age.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee noted the Government’s statement that there is currently an educational subsidy, Bolsa da Mae, available to children who meet a certain criteria of vulnerability. The Committee also noted the statement of the CRC in its concluding observations of 14 February 2008 that measures had been taken to increase enrolment rates, including among children living in poverty and children in rural areas. However, the CRC expressed concern that a large number of children in Timor-Leste between 6 and 11 years were still not enrolled in school, that less than 50 per cent of children reached grade 6, and that access to schools remained problematic in some rural areas (CRC/C/TLS/CO/1, paragraph 64). In this regard, the Committee noted that, according to the 2011 UNESCO Global Monitoring Report – Education for All, the net enrolment rate in primary education in 2008 was 76 per cent. This report also indicates that there were approximately 43,000 out-of-school children of primary school age in 2008 (out of the school age population of approximately 189,000 children). Recalling that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to pursue its efforts to facilitate access to free basic education for all children, with a particular focus on children from poor families and rural areas. It requests the Government to continue to provide information on measures taken in this regard and on the results achieved, particularly with regard to increasing school enrolment rates and reducing the number of out-of-school children.

Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking and commercial sexual exploitation. The Committee noted the Government’s statement in its reply to the list of issues of the CRC in connection with the Optional Protocol on the sale of children, child prostitution and child pornography of 14 January 2008 that the National Division for Social Reinsertion works with agencies and other counterparts to create a mechanism for the detection of sale and trafficking of children, child prostitution and child pornography (CRC/C/OPSC/TLS/Q/1Add.1, paragraph 4). The Committee also noted the Government’s statement in its report to the Human Rights Council for the Universal Periodic Review of 19 July 2011 that, in recent years, Timor-Leste has become a destination of human trafficking for the purposes of sexual exploitation. The Government stated that it guarantees assistance to victims of trafficking, including medical assistance, psychological support and counselling, through measures taken by the Ministry of Social Solidarity and the Ministry of Health. The Government further indicated that it has engaged in partnerships with non governmental organizations to provide temporary shelter for these victims (A/HRC/WG.6/12/TLS/1, paragraph 30). The Committee requests the Government to provide information on the number of victims of trafficking and commercial sexual exploitation under 18 years of age who have been identified by the National Division for Social Reinsertion, as well as the number of child victims who have received services for their rehabilitation and social reintegration.

Clause (d). Identify and reach out to children at special risk. Street children. The Committee noted that the CRC, in its concluding observations of 15 February 2008, expressed concern about the situation of children who work or live on the streets, mostly due to socio-economic factors, in light of the risks to which these children are exposed. Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee requests the Government to provide information on the measures taken or envisaged to protect such children from the worst forms of child labour, including the number of street children who have benefited from any initiatives taken in this regard.