Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

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

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 3 of the Convention. Worst forms of child labour. Clause (a). Forced or compulsory recruitment of children for use in armed conflict. The Committee previously noted that section 4 of the Act on conscription and military recruitment provides that the military age is the period between 18 and 50 years during which Venezuelan nationals have military obligations. It also noted that section 71 of this Act provides that pre-military instruction is compulsory for students in the last two years of secondary education and their equivalent in educational groups, whether official or private. It noted that students who are subject to pre-military instruction are aged between 15 and 17 years. The Committee requested the Government to provide information on pre-military instruction with an indication of whether, in the context of such instruction, these students may be required or permitted to participate in armed conflict.

The Committee notes the Government’s information that, by virtue of article 134 of the Constitution, compulsory recruitment in the armed forces is not allowed in the Bolivarian Republic of Venezuela. It notes that, according to information available at the Office, a new military education law was being debated in 2007. According to this bill, secondary-education students in all institutions would be required to follow a diversified secondary and military professional educational programme for 18 months, offering academic, scientific, technical and military courses. Pre-military instruction in secondary schools would continue under the authority of the Ministry of Popular Power for Defence. Noting the absence of information on this point, the Committee requests the Government to indicate whether, according to the legislation in force and to the pending bill referred to above, pre-military instruction students between 15 and 17 years of age may be required to participate in armed conflict.

Article 4(1). Determination of hazardous types of work. The Committee previously noted the Government’s information that the National Institute for Prevention and Occupational Safety and Health (INPSASEL) completed a study on the classification of hazardous types of work for children and young persons and that a multidisciplinary team would carry out additional analyses with a view to establishing, on a scientific basis and through experimentation, what really should be understood as hazardous work. The Committee drew the Government’s attention to Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), which indicates that, in identifying hazardous types of work, consideration should be given, among other things, to the types of work enumerated in the Recommendation. The Committee requested the Government to provide the list of hazardous types of work when it has been determined.

The Committee notes the Government’s information that the National Committee for the Rights of Children and Adolescents (IDENA) is studying and elaborating a proposal for a Guide for Prevention for the Classification of types of hazardous work for child and adolescent workers. However, it notes with deep concern that no list of the types of hazardous work appears to have been established. The Committee urges the Government to take the necessary steps to adopt the list of types of hazardous work to be prohibited for children under 18 years at the earliest possible date and requests it to provide information on any progress made in this respect in its next report. The Government is also asked to send information on the consultations held with employers’ and workers’ organizations to determine these types of work.

Article 5. Monitoring mechanisms. In its previous comments, the Committee requested the Government to provide information on the working of the labour inspection services, particularly with regard to the worst forms of child labour, including through the provision of extracts from reports and documents. It notes the Government’s information that it is updating the available information on this subject and will keep the Committee informed in this regard. The Committee requests the Government to provide information on this subject in its next report.

Article 6. Programmes of action. 1. ILO–IPEC projects. The Committee previously noted that the Bolivarian Republic of Venezuela is collaborating with ILO–IPEC and has implemented projects to eliminate child labour, including its worst forms. The Committee notes the Government’s information that it will provide this information once available. It requests the Government to provide information on this subject as soon as it becomes available.

2. The Neighborhood Children Mission. The Committee previously noted the Government’s information that it implemented a programme for the protection of boys, girls and young persons who work (PRONAT) so as to improve the protection of their health, personal and social development. It noted that this programme targeted working children and young persons in the formal and informal sectors and, with a view to guaranteeing their rights in full, envisaged the adoption of various policies and plans of action.

The Committee notes the Government’s comprehensive information on the results of the PRONAT programme as well as statistical information collected under this programme. It also notes that, according to information available at the Office, the PRONAT programme is concluded. The Committee notes the Government’s information that the Ministry for Participation and Social Protection, jointly with IDENA, launched the programme Neighbourhood Children Mission, which is aimed at guaranteeing the rights of children and adolescents, especially those in situations of extreme poverty. Among the programmes implementing the mission, the Programme for decent work of boys, girls and adolescents (PRODINAT) was launched in 2008 and is aimed at ensuring young workers’ labour rights in order to progressively abolish child labour and protect the work of adolescents. In 2009, PRODINAT was implemented through five projects in five states respectively, and benefited 427 young workers in total. The Committee notes that, according to the 2008 Findings on the Worst Forms of Child Labour in the Bolivarian Republic of Venezuela, services are to be offered under phase I of the Neighborhood Children Mission to 3,600 vulnerable children, including street children, working children and children at risk of working, while educational, sport, and cultural activities are to be provided to poor children under phase II. The Committee requests the Government to provide information on the results achieved by the Neighborhood Children Mission in eliminating the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. 1. Street children. The Committee previously noted that, according to the information contained in the Government’s second periodic report to the CRC in December 2006 (CRC/C/VEN/2, paragraphs 187, 255 and 256, footnote 48), street children were one of the most serious problems in the country. There were reported to be over 9,000 children engaged in begging in the country. According to the Government, this figure was an estimate as no study had been conducted covering all urban centres, capitals and cities. The Committee noted that, in the context of the pilot plan of action for full support for street children and young persons implemented in the municipality of Libertador, over 28 street educators were trained, contacts were established with street girls, boys and young persons, and measures were taken to assist a number of them. Moreover, steps were taken for the construction of infrastructure for street children. The Committee, however, further noted that, in its concluding observations of October 2007 (CRC/C/VEN/CO/2, paragraphs 72 and 73), the CRC expressed concern at the inadequate living conditions of these children and recommended that the Government extend the pilot plan of action throughout the country to prevent and address the problems of these children.

The Committee notes the Government’s information that in 2006 the Mission Negra Hipólita was created to address the situation of vulnerable persons, such as street children. One of its objectives was to remove from the streets, rehabilitate and socially integrate street children and child and adolescent victims of the worst forms of child labour, such as those working in the garbage dumps. In this regard, various activities were carried out, including assessments of the situation of children working in each garbage dump. The Committee further notes the Government’s information that, between 2008 and 2009, various activities were undertaken in the framework of the Neighborhood Children Mission to address the situation of street children and include them under programmes of protection to ensure their reintegration in their families. The Committee encourages the Government to continue taking measures to protect street children from the worst forms of child labour and requests it to provide information on the number of street children removed from the streets, rehabilitated and socially integrated pursuant to the implementation of the abovementioned programmes and projects, with child participation.

2. Indigenous and Afro-Venezuelan children. The Committee previously noted that the CRC, in its concluding observations of October 2007 (CRC/C/VEN/CO/2, paragraphs 78–81), expressed concern that, despite the efforts made by the Government, the situation had not improved sufficiently in the area of the protection of indigenous peoples. It also expressed concern that girls were at higher risk of sexual exploitation and that they tended not to report complaints. The CRC also noted that there were discriminatory practices against Afro-Venezuelans and recommended the Government to strengthen its efforts to improve living conditions in the areas inhabited by indigenous peoples and to take measures to respond to the problems of Afro-Venezuelan persons.

The Committee notes the Government’s comprehensive information on the measures taken to address the situation of indigenous people, including through improving their living conditions and promoting their economic and social development. It notes that these measures also target medical assistance and education. It also notes the Government’s indication that the Programme for full protection of children (HOGAIN) addresses the needs of indigenous children and benefits approximately 24,340 children of several ethnic groups. It also notes the Government’s information that, in July 2009, IDENA organized the “Day for fully protecting children and adolescents in the border areas with Colombia in the state of Apure, municipality of Rómulo Gallegos” in order to assist eight indigenous communities in that area and make an assessment of their situation. In that event, 950 indigenous people including 190 families, 268 boys, 343 girls and 87 adolescents were assisted through medical and nutritional assistance. The Committee encourages the Government to continue taking measures to reduce the vulnerability of indigenous children to the worst forms of child labour and requests it to continue to provide information on the results of these measures. Noting the absence of information on this point, it also requests the Government to provide information on any measures taken to protect children belonging to minorities, such as Afro-Venezuelans, and reduce their vulnerability to the worst forms of child labour.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 3(a) and (b) and Article 7(1) of the Convention. Sale and trafficking of children, the use, procuring or offering of a child for prostitution, and penalties. The Committee previously noted, in its comments under the Forced Labour Convention, 1930 (No. 29), the comments made by the International Trade Union Confederation (ITUC) in which it referred to the “widely reported” trafficking of women and children for prostitution. It further noted that the national legislation contains various provisions penalizing the sale and trafficking of children under 18 years of age or their use, procuring or offering for prostitution. It noted that, in its concluding observations on the Government’s combined fourth, fifth and sixth periodic reports of January 2006 (CEDAW/C/VEN/CO/6, paragraphs 27 and 28), the Committee on the Elimination of Discrimination against Women (CEDAW), while noting the preventive efforts in place aimed at addressing the root causes of prostitution, expressed concern that insufficient steps had been taken to curtail the exploitation of prostitution and to discourage demand. The Committee finally noted that, according to the information contained in the Government’s second periodic report to the Committee on the Rights of the Child (CRC) in December 2006 (CRC/C/VEN/2, paragraph 187), child prostitution is one of the most serious problems confronting the country.

The Committee takes note of the information provided by the Government in its report on the measures taken to prevent and combat the trafficking and commercial sexual exploitation of children. As part of these measures, government officials were trained on trafficking of persons, including illicit trafficking of migrant workers. It also notes the Government’s information that, in the framework of the anti-trafficking collaboration with UNICEF, a bill on trafficking of persons is pending. The Committee notes that the 2009 Report on Trafficking in Persons in the Bolivarian Republic of Venezuela, available on the website of the Office of the High Commissioner for Refugees (www.unhcr.org), indicates that the Bolivarian Republic of Venezuela is a source, transit and destination country for men, women and children trafficked for the purposes of commercial sexual exploitation and forced labour. Venezuelan women and girls are trafficked within the country for commercial sexual exploitation, lured from poor interior regions to urban and tourist areas such as Caracas and Margarita Island. Some Venezuelan children are forced to work as street beggars or as domestic servants. Venezuelan women and girls are trafficked transnationally for commercial sexual exploitation to Mexico, in addition to Caribbean destinations such as Trinidad and Tobago, Netherlands Antilles and the Dominican Republic. Furthermore, men, women and children from Colombia, Peru, Ecuador, Brazil, Dominican Republic and Asian nations such as the People's Republic of China are trafficked to and through the Bolivarian Republic of Venezuela, and may be subjected to commercial sexual exploitation and forced labour. A more recent trend appears to be increased human trafficking activity in the Bolivarian Republic of Venezuela’s Orinoco River Basin area and border regions of Tachira state, where political violence and infiltration by armed rebel groups are common.

The Committee further notes that, according to the United Nations Office on Drugs and Crime (UNODC) 2009 Global Report on Trafficking in Persons, which contains information for the period 2004–07, the number of persons prosecuted for the offence of trafficking of persons and other related offences decreased from 18 in 2005 to four in 2007 (12 persons were convicted for these offences in 2005 and only one in 2007). Moreover, the Committee notes that the 2009 Report on Trafficking in Persons in the Bolivarian Republic of Venezuela indicates that the Government did not show evidence of progress in convicting and sentencing trafficking offenders and providing adequate assistance to victims. In particular, the Bolivarian Republic of Venezuela made limited anti-trafficking law enforcement efforts over 2008: despite existing legal tools for punishing many forms of human trafficking, the Venezuelan Government did not report any convictions or sentences of trafficking offenders in 2008. However, the Government opened six investigations of transnational sex trafficking, one investigation of transnational labour trafficking, and one investigation of suspected internal trafficking. There were no confirmed reports of government complicity with human trafficking in 2008, though corruption among public officials, particularly related to the issuance of false identity documents, appeared to be widespread. Moreover, many Venezuelan law enforcement officials reportedly did not distinguish between human trafficking and alien smuggling offences.

The Committee expresses its concern at the information concerning the persistence of the problem of trafficking of children for commercial sexual exploitation and forced labour in the country as well as at the limited anti‑trafficking law enforcement efforts to address the issue. The Committee therefore urges the Government to redouble its efforts to strengthen the capacity of law enforcement agencies in order to ensure that persons who traffic in children for the purposes of sexual or labour exploitation are in practice prosecuted, and that sufficiently effective and dissuasive penalties are imposed. It requests the Government to continue to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied for violations of the legal prohibitions on the sale and trafficking of children. It finally requests the Government to provide information on any developments in adopting the bill on trafficking of persons.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Trafficking and commercial sexual exploitation. The Committee previously noted that the Government adopted a National Plan of Action against Abuse and Commercial Sexual Exploitation (PANAESC), the objectives of which include the prevention and protection of children under 18 years of age from sexual exploitation and their rehabilitation. It further noted that, in its concluding observations of January 2006 (CEDAW/C/VEN/CO/6, paragraphs 27 and 28), CEDAW, while noting the socio‑economic and preventive measures in place to address the root causes of prostitution, expressed concern that insufficient steps had been taken for rehabilitation.

The Committee notes the Government’s information that it has adopted, especially through the National Committee for the Rights of Children and Adolescents (IDENA) and the Ministry for Internal Affairs and Justice, various measures to prevent the trafficking and commercial sexual exploitation of children. The more recent measures include: the adoption of the National Plan to prevent, combat and sanction trafficking of persons as well as assist its victims (National Plan to combat trafficking); and the development and publication of guidelines for the protection of child and adolescent victims of pornography as a form of commercial sexual exploitation. Various public awareness campaigns were also carried out against the dangers of human trafficking and commercial sexual exploitation. The Committee requests the Government to continue to take measures to prevent the engagement of children in trafficking and commercial sexual exploitation and to provide information in this regard.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking and commercial sexual exploitation. The Committee notes the Government’s information that, in the framework of the anti-trafficking collaboration with UNICEF, a guide for protecting and assisting victims of trafficking of persons, especially women, children and adolescents, was elaborated. It also notes that the National Plan to combat trafficking also targets assistance to victims of trafficking. It finally notes that one of the objectives of the PANAESC is rehabilitating child victims of commercial sexual exploitation. Noting the absence of information on any effective and time-bound measures taken in the context of the National Plan to combat trafficking and the PANAESC with a view to providing the necessary and appropriate direct assistance for the removal of children from trafficking and commercial sexual exploitation and for their rehabilitation and social integration, the Committee once again requests the Government to provide information on the measures adopted in this regard. In this respect, it requests the Government to indicate whether reception centres for child victims of trafficking and commercial sexual exploitation have been established in the country, with an indication of the number of children actually received by such centres; and whether specific medical and social follow-up programmes have been formulated and implemented for child victims of trafficking and commercial sexual exploitation.

Article 8. International cooperation. Following its previous comments, the Committee notes the Government’s information that since 2006 the Bolivarian Republic of Venezuela is cooperating with various international organizations, such as the International Organization for Migration (IOM), UNICEF and the Organization of American States (OAS), as well as at the regional level in the framework of MERCOSUR, in order to eliminate the sale and trafficking and commercial sexual exploitation of children. It also notes that, according to the Trafficking Report, the Venezuelan Ministry of Tourism is part of the Joint Group for the Elimination of Commercial Sexual Exploitation of Children in Tourism, which conducts prevention and awareness-raising campaigns to combat the commercial exploitation of children in Latin America. Moreover, the Government of the Bolivarian Republic of Venezuela, jointly with the government members and associates of MERCOSUR, is carrying out the Niño Sur initiative to defend the rights of children and adolescents in the region. The initiative aims to raise awareness of commercial sexual exploitation, improve country legal frameworks, and exchange best practices to tackle issues related to victim protection and assistance. The Committee notes the Government’s information that, in the framework of the Niño Sur initiative, a regional legislative database on the prevention and fight against the sale, trafficking and commercial sexual exploitation of children has been created. It also notes the Government’s indication that proposals of cooperation with the Governments of Brazil and Uruguay on the elimination of the sale and trafficking and commercial sexual exploitation of children are being carried out. The Committee finally notes that, according to the information available at the Office, in 2007 the Bi-national Forum between the Bolivarian Republic of Venezuela and Brazil on trafficking of persons was carried out with the objective of exchanging information and cases of good practice on the subject. In this framework, the two governments committed to develop actions against the crime of trafficking of persons, especially in the border areas, and to sign a bilateral agreement against trafficking of persons. Furthermore, in January 2007, the forum “Latin American experiences in assisting victims of trafficking of persons” was carried out, in which the Governments of the Bolivarian Republic of Venezuela, Colombia, Ecuador, Panama and Peru participated. The Committee requests the Government to continue to take measures to cooperate with countries with which it shares frontiers in order to eliminate the trafficking and commercial sexual exploitation of children. It also requests it to provide information on further measures taken in this regard and results achieved.

Parts IV and V of the report form. Application of the Convention in practice. The Committee previously noted that, in its conclusions on the Government’s second periodic report of October 2007, the CRC regretted the lack of information and data on the sexual exploitation and sale of children. It further noted that, in its concluding observations of January 2006 (CEDAW/C/VEN/CO/6, paragraph 28), the CEDAW requested the Government to include in its next periodic report a comprehensive assessment, based on appropriate studies, on the causes and extent of prostitution, as well as the trafficking of women and girls, with information disaggregated by age and geographical area, and to provide details of the results achieved. The Committee requested the Government to take the necessary measures to conduct a global evaluation of the causes and extent of the trafficking and prostitution of children under 18 years of age.

The Committee notes the Government’s information that it will take the necessary measures in this regard and provide the relative information. It also notes the Government’s information that, in the framework of the annual work plan of the National Statistical Office in collaboration with UNICEF, and in the context of the implementation of the PANAESC, various activities were carried out to ensure the visibility of children and adolescents within national statistics. Moreover, a central national system is planned for reporting the violations of the rights of children and adolescents. The Committee hopes that the Government will carry out in the very near future a global evaluation of the causes and extent of the trafficking and prostitution of children under 18 years of age, and requests it to provide information on its results, once undertaken. Noting the measures taken by the Government to ensure the visibility of children and adolescents within national statistics and to improve the system for reporting the violations of their rights, the Committee also requests the Government to provide information on the nature, extent and trends of the worst forms of child labour, including updated statistics on the number of children under 18 years involved in trafficking and commercial sexual exploitation, as well as information on the number of infringements reported regarding the violation of the provisions giving effect to the Convention. To the extent possible, all information provided should be disaggregated by sex and age.

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

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

The Committee notes the Government’s first report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that section 4 of the Act on conscription and military recruitment provides that the military age is the period between 18 and 50 years during which Venezuelan nationals have military obligations. It also notes that section 71 of this Act provides that pre-military instruction is compulsory for students in the last two years of secondary education and their equivalent in educational groups, whether official or private. Accordingly, as the age of completion of schooling is 14 years for primary school and 17 years for secondary school (the Government’s second periodic report to the Committee on the Rights of the Child in December 2006, CRC/C/VEN/2, paragraph 86), students who are subject to pre‑military instruction are aged between 15 and 17 years. The Committee requests the Government to provide information on pre-military instruction with an indication of whether, in the context of such instruction, these students may be required or permitted to participate in armed conflict.

Article 4, paragraph 1. Determination of hazardous types of work. The Committee notes the information provided by the Government according to which the National Institute for Prevention and Occupational Safety and Health (INPSASEL) has completed a study on the classification of hazardous types of work for children and young persons and that a multidisciplinary team will carry out additional analyses with a view to establishing, on a scientific basis and through experimentation, what really has to be understood by hazardous work. In this respect, the Committee draws the Government’s attention to Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), which indicates that in identifying hazardous types of work, consideration should be given, among other things, to the types of work enumerated in the Recommendation. It trusts that when determining these types of work, the Government will take into consideration the activities enumerated in Paragraph 3 of Recommendation No. 190. The Committee requests the Government to provide the list of hazardous types of work when it has been determined. It also requests the Government to provide information on the consultations held with employers’ and workers’ organizations for the determination of these types of work.

Article 5. Monitoring mechanism. The Committee requests the Government to provide information on the working of the labour inspection services, particularly with regard to the worst forms of child labour, including through the provision of extracts from reports and documents.

Article 6. Programmes of action. 1. ILO/IPEC projects. The Committee notes that, according to the information available to the Office, the Bolivarian Republic of Venezuela is collaborating with ILO/IPEC and has implemented projects to eliminate child labour, including its worst forms. In this respect, it notes the programme for the strengthening of the trade union organizations for the prevention and elimination of the worst forms of child labour. The Committee requests the Government to provide information on the results achieved in the context of the implementation of ILO/IPEC projects in terms of the elimination of the worst forms of child labour.

2. Programme for the protection of girls, boys and young persons who work. The Committee notes the information provided by the Government according to which it has implemented a programme for the protection of boys, girls and young persons who work (PRONAT) so as to improve the protection of their health and personal and social development. This programme targets working children and young persons in the formal and informal sectors and, with a view to guaranteeing their rights in full, envisages the adoption of various policies and plans of action. The Committee requests the Government to provide information on the policies and plans of action for the elimination of the worst forms of child labour adopted in the context of the implementation of the PRONAT and the results achieved. It also requests the Government to provide a copy of the PRONAT.

Article 7, paragraph 1. Sanctions. In its second periodic report to the Committee on the Rights of the Child in December 2006 (CRC/C/VEN/2, paragraph 187), the Government indicates that child pornography is a serious and complex problem facing the country. The Committee notes that section 237 of the Basic Act on the protection of children and young persons of 1998 provides that any person who produces or directs a theatrical, television or cinematographic performance involving a child or young person in a pornographic scene shall be punished by a fine equivalent to between ten and 50 months’ income. The Committee notes that section 24 of the Special Act on information technology crimes penalizes the use of a child or young person for the purposes of exhibition or pornography. It further notes that under section 14 of the Basic Act to combat organized crime any person who exploits the pornography industry or trade to reproduce obscene or offensive materials with a view to divulging them to the general public shall be liable to a sentence of imprisonment of between two and six years. The Committee requests the Government to provide information on the effect given to these provisions in practice, including statistics on the number and nature of the infringements reported, the investigations conducted, prosecutions, convictions and the penal sanctions applied.

Article 7, paragraph 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 notes that, according to UNESCO data, 92 per cent of girls and 91 per cent of boys attend primary school, compared with only 67 per cent of girls and 59 per cent of boys for secondary school. It notes that, in its concluding observations on the Government’s second periodic report in October 2007 (CRC/C/VEN/CO/2, paragraphs 66 and 67), the Committee on the Rights of the Child welcomes the fact that children’s education is a top priority of the Government and that progress has been achieved, particularly with regard to enrolment rates and school attendance by disadvantaged children. However, the Committee on the Rights of the Child expressed concern at the low enrolment rates of indigenous and Afro-Venezuelan children, and children living in rural areas, as well as the high drop-out rate.

The Committee notes that, according to UNICEF information, the implementation of social programmes (known as misiones) has become a Government priority, particularly in the field of education. It also notes that UNICEF is supporting local and national initiatives in the field of pre-school education and intercultural and bilingual education for indigenous populations. Despite the Government’s efforts, the Committee of Experts is concerned at the low school attendance rates at secondary school. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to redouble its efforts to improve the operation of the education system, particularly by improving the school enrolment rate and reducing the drop-out rate, with a special reference to the children of indigenous peoples, Afro-Venezuelan children and children in rural areas. It requests the Government to provide information on the results achieved.

Clause (d). Children at special risk. 1. Street children. The Committee notes that, according to the information contained in the Government’s second periodic report to the Committee on the Rights of the Child in December 2006 (CRC/C/VEN/2, paragraphs 187, 255 and 256, footnote 48), street children are one of the most serious problems in the country. There are reported to be over 9,000 children engaged in begging in the country. According to the Government, this figure is an estimate as no study has been conducted covering all urban centres, capitals and cities. The Committee notes that a pilot plan of action for full support for street children and young persons has been adopted and implemented in the municipality of Libertador. It further notes that, in the context of this plan, over 28 street educators have been trained, contacts have been established with street girls, boys and young persons and measures have been taken to assist a number of them. Moreover, steps have been taken for the construction of infrastructure for street children. In its concluding observations of October 2007 (CRC/C/VEN/CO/2, paragraphs 72 and 73), the Committee on the Rights of the Child expressed concern at the inadequate living conditions of these children. The Committee on the Rights of the Child recommended the Government to extend the pilot plan of action throughout the country to prevent and address the problems of these children.

The Committee expresses concern at the situation of street children and reminds the Government that they are particularly exposed to the worst forms of child labour. It encourages the Government to redouble its efforts to protect street children from these forms of child labour. The Committee requests the Government to provide information on the measures adopted in this respect in the context of the implementation of the pilot plan of action, and on the measures adopted for the rehabilitation and social integration of these children.

2. Indigenous and Afro-Venezuelan children. The Committee notes that the Committee on the Rights of the Child, in its concluding observations of October 2007 (CRC/C/VEN/CO/2, paragraphs 78–81), while noting the establishment of a new ministry to deal with indigenous issues, expressed concern that, despite the efforts made by the Government, the situation has not improved sufficiently in the area of the protection of indigenous peoples. It also expressed concern that girls are at higher risk of sexual exploitation and that they tend not to report complaints. The Committee on the Rights of the Child also noted that there are discriminatory practices against Afro-Venezuelans. It recommended the Government to strengthen its efforts to improve living conditions in the areas inhabited by indigenous peoples and to take measures to respond to the problems of Afro-Venezuelan persons. Noting that children of indigenous peoples or belonging to minorities, such as Afro-Venezuelans, are often victims of exploitation, which takes on very diverse forms, and that they are a population at risk of being engaged in the worst forms of child labour, the Committee requests the Government to take the necessary measures to protect these children, particularly through the adoption of measures to reduce their vulnerability. It requests the Government to provide information in this respect.

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

The Committee notes the Government’s first report. With reference to its comments under the Forced Labour Convention, 1930 (No. 29), concerning the sale and trafficking of children and child prostitution, and as the Worst Forms of Child Labour Convention, 1999 (No. 182), addresses these worst forms of child labour, the Committee considers that they may be examined more specifically in the context of Convention No. 182. It requests the Government to provide information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clauses (a) and (b). Sale and trafficking of children and the use, procuring or offering of a child for prostitution. In its comments under Convention No. 29, the Committee noted the observations made by the International Trade Union Confederation (ITUC) in which it referred to the “widely reported” trafficking of women and children for prostitution. It also noted the convergent information from United Nations institutions. In particular, it noted that in May 2001 the United Nations Committee on Economic, Social and Cultural Rights, in its concluding observations on the Government’s second periodic report, expressed serious concern at the spread of child prostitution and the trafficking of children and the incapacity of the State party to resolve these problems (E/C.12/1/Add.56, paragraph 16).

The Committee notes that the national legislation contains various provisions penalizing the sale and trafficking of children under 18 years of age or their use, procuring or offering for prostitution. With regard to sale and trafficking, it notes that section 266 of the Basic Act on the protection of children and young persons provides that any person who facilitates acts intended to cause a child or young person to journey beyond the frontiers without complying with the legal formalities with a view to profit, participates in such acts or benefits therefrom, shall be liable to a sentence of imprisonment of between two and six years. Furthermore, section 231 of the Act  provides that the unlawful transport of the child or the young person, within or outside the country, shall be punished by a fine according to the gravity of the offence. Under the terms of section 16(11) of the Basic Act to combat organized crime, the trafficking of persons, including migrants, constitutes an offence of organized delinquency. With regard to the use, procuring or offering of a child or young person for prostitution, the Committee notes that section 258 of the Basic Act on the protection of children and young persons provides that any person who incites a child or young person to engage in sexual activity, organizes such activity or draws earnings therefrom shall be convicted to a sentence of imprisonment of from three to six years. It further notes that the Penal Code contains provisions, especially in sections 288, 289 and 290, penalizing incitement to prostitution.

The Committee notes that, in its concluding observations on the Government’s combined fourth, fifth and sixth periodic reports of January 2006 (CEDAW/C/VEN/CO/6, paragraphs 27 and 28), the Committee on the Elimination of Discrimination against Women expressed concern about the lack of information on the causes and extent of prostitution, as well as the trafficking of women and girls, in particular the incidence of these phenomena in border areas. The Committee on the Elimination of Discrimination against Women, while noting the preventive efforts in place aimed at addressing the root causes of prostitution, expressed concern that insufficient steps have been taken to curtail the exploitation of prostitution and to discourage demand. It urged the Government to take all appropriate measures for this purpose. The Committee of Experts further notes that, according to the information contained in the Government’s second periodic report to the Committee on the Rights of the Child in December 2006 (CRC/C/VEN/2, paragraph 187), child prostitution is one of the most serious problems confronting the country.

The Committee notes that the convergence of information demonstrates the existence of the trafficking of children under 18 years of age and their use, procuring or offering for commercial sexual exploitation and expresses concern at the situation of these children. It requests the Government to take the necessary measures to ensure in practice the protection of children under 18 years of age against sale and trafficking for sexual exploitation, and specifically for prostitution. The Committee also requests the Government to provide information on the effect given in practice to the provisions of the national legislation, including statistics on the number and nature of the infringements reported, the investigations conducted, prosecutions, convictions and penal sanctions applied.

Article 5. Monitoring mechanisms. As Article 3(a) and (b) of the Convention relate to offences of a criminal nature, the Committee requests the Government to indicate whether monitoring mechanisms in addition to the general labour and social security inspectorate have been established to monitor the implementation of these provisions of the Convention.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing children from these worst forms of child labour and ensuring their rehabilitation and social integration. The Committee notes that the Government has adopted a National Plan of Action against Abuse and Commercial Sexual Exploitation (PANAESC), the objectives of which include the prevention and protection of children under 18 years of age from sexual exploitation and their rehabilitation. It further notes that, in its concluding observations of January 2006 (CEDAW/C/VEN/CO/6, paragraphs 27 and 28), the Committee on the Elimination of Discrimination against Women, while noting the socio-economic and preventive measures in place to address the root causes of prostitution, expressed concern that insufficient steps have been taken for rehabilitation. The Committee on the Elimination of Discrimination against Women urged the Government to take all appropriate measures, including the adoption and implementation of a comprehensive plan to suppress the exploitation of prostitution through, inter alia, the strengthening of prevention measures and by taking measures to rehabilitate victims of exploitation.

The Committee hopes that the Government will take the necessary measures to give effect to the recommendations of the Committee on the Elimination of Discrimination against Women. It requests the Government to provide information on the results achieved in the context of the implementation of PANAESC with a view to: (a) preventing children under 18 years of age from becoming victims of sale and trafficking or their use, procuring or offering for prostitution; and (b) providing the necessary and appropriate and direct assistance for the removal of children from these worst forms of child labour and for their rehabilitation and social integration. In this respect, it would be grateful if the Government would indicate whether reception centres for child victims of trafficking have been established in the country, with an indication of the number of children actually received by such centres; and whether specific medical and social follow-up programmes have been formulated and implemented for child victims of trafficking.

Article 8. International cooperation. The Committee notes that the Bolivarian Republic of Venezuela is a member of Interpol, the organization which assists in cooperation between countries in the various regions, particularly to combat the trafficking of children. The Committee is of the view that international cooperation between law enforcement agencies, and particularly the judicial authorities and police forces, is indispensable to prevent and eliminate commercial sexual exploitation, including the sale and trafficking of children for this purpose, through the collection and exchange of information, and through assistance to detect and prosecute the individuals involved and to repatriate victims. The Committee requests the Government to take measures to cooperate with countries with which it shares frontiers, thereby strengthening security measures so as to bring an end to this worst form of child labour. It requests the Government to provide information on this subject.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes that, in its conclusions on the Government’s second periodic report of October 2007, the Committee on the Rights of the Child regretted the lack of information and data on the sexual exploitation and sale of children. It further notes that, in its concluding observations of January 2006 (CEDAW/C/VEN/CO/6, paragraph 28), the Committee on the Elimination of Discrimination against Women requested the Government to include in its next periodic report a comprehensive assessment, based on appropriate studies, on the causes and extent of prostitution, as well as the trafficking of women and girls, with information disaggregated by age and geographical area, and to provide details of the results achieved. In view of the convergence of information demonstrating the existence of the sale and trafficking of children under 18 years of age and their exploitation for prostitution, and particularly the lack of information on these worst forms of child labour, the Committee requests the Government to take the necessary measures to conduct a global evaluation of the causes and extent of the trafficking and prostitution of children under 18 years of age. It requests the Government to provide information in this respect.

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