Solicitud directa (CEACR) - Adopción: 2004, Publicación: 93ª reunión CIT (2005)

The Committee notes the Government’s first and second reports and the attached documents. It requests the Government to provide information on the following points.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes with interest that on 3 July 2002 the Government renewed until 2007 the Memorandum of Understanding (MOU) with ILO/IPEC, one of the objectives of which is to identify measures enabling the Government to prohibit and eliminate as a priority the worst forms of child labour. The Committee also notes the Government’s indication that it envisages reforming the 1996 Code of Childhood and Adolescence, the Regulations of 2001 on child labour and the Labour Code. It is planning to add provisions to the Code of Childhood and Adolescence to define the worst forms of child labour, as set out in the Convention. This definition of the worst forms of child labour will include child domestic labour, which may be carried out under hazardous working conditions or may in certain cases be considered as a practice similar to slavery or serfdom. Furthermore, the Regulations of 2001 on child labour will be amended to establish the conditions of employment and working conditions of domestic child labour. Finally, the Government intends to amend sections 148 to 165 of the Labour Code, which regulate domestic work. The Committee requests the Government to provide information on the progress achieved in relation to the various planned reforms referred to above.

Article 3. Worst forms of child labour. The Committee notes that section 10 of the Regulations of 2001 on child labour take up Article 3 of the Convention and provide that young persons (persons between 12 and 18 years of age) may not perform any activity considered to be one of the worst forms of child labour, namely: (a) all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict; (b) the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances; (c) the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties; and (d) 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.

Clause (a). 1. Sale and trafficking of children for sexual exploitation. The Committee notes the information provided by the Government that there are no specific penal provisions relating to the sale and trafficking of children. However, the Committee notes that section 149 of the Penal Code establishes a penalty for any person who causes or facilitates the entry into the country of persons, whether men or women, for the purposes of prostitution. This provision also establishes a penalty for any person who causes or facilitates the departure from the country of persons for the purposes of prostitution abroad. The Committee requests the Government to provide information on the application in practice of section 149 of the Penal Code, including statistical data on the number of persons convicted either for having facilitated the entry into the country of persons under 18 years of age for prostitution, or for having facilitated the departure from the country of children under 18 years of age for prostitution abroad.

2. Sale and trafficking of children for economic exploitation. The Committee notes that the national legislation does not appear to contain a provision prohibiting the sale or trafficking of young persons for economic exploitation. It reminds the Government that Article 3(a) of the Convention also covers the sale and trafficking of young persons under 18 years of age for this purpose. The Committee therefore requests the Government to provide information on the measures taken or envisaged to secure the prohibition of the sale and trafficking of young persons under 18 years of age for the purposes of economic exploitation. The Committee also requests the Government to establish penalties in this respect.

3. Slavery, debt bondage, serfdom and forced or compulsory labour. The Committee notes that article 69 of the Constitution provides that no person shall be obliged to do what she or he is not legally required to do. No personal service may be exacted and should not be provided free of charge, except in accordance with the law.

4. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that article 276 of the Constitution provides that military service is voluntary as of the age of 18 years. It also notes that, under section 2 of the Act respecting military service of 1985, the age for enrolment in the army is 18 years. However, the Committee notes that, according to summary record No. 4-2003 of the meeting of the Technical Council of the National Commission for the Gradual and Progressive Elimination of Child Labour, held on 28 March 2003, the NGO Save the Children considers that children are working as soldiers. It requests the Government to provide information concerning these allegations.

Clause (b) 1. Use, procuring or offering of a child for prostitution. The Committee notes that, under the terms of section 134(c) of the Code of Childhood and Adolescence of 1996, a person who causes or incites a child to commit illegal activities, such as prostitution, is guilty of the crime of economic exploitation. The Committee also notes that section 148 of the Penal Code establishes a penalty for any person who, among other acts, with a view to gain, causes or facilitates the prostitution or corruption of persons, whether men or women. If the victim is under 18 years of age, the penalty may be increased.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that sections 32 and 33 of the Code of Childhood and Adolescence of 1996 establishes a penalty for any person who facilitates or permits the sale, distribution or use of images of young persons under 18 years of age committing activities which are an offence to decency. The Committee notes that, under section 134(c) of the Code of Childhood and Adolescence, any person who causes or incites a young person to engage in illegal activities such as pornography is guilty of the crime of economic exploitation. Furthermore, section 9 of the Regulations of 2001 on child labour prohibits the engagement of young persons under 18 years of age in any work which prejudices their morals, including their use in reproductions of pornographic scenes.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that section 178 of the Code of Childhood and Adolescence of 1996 establishes a penalty for any person who uses a child under 18 years of age for the production or trafficking of drugs or dependence-inducing pharmaceutical substances.

Clause (d). Types of hazardous work. The Committee notes that section 122(1) of the Code of Childhood and Adolescence prohibits children (any person under 18 years, under section 1) from performing unhealthy or types of hazardous work, even if they are carried out in the context of an educational or training course or programme. It also notes that section 123 of the Code of Childhood and Adolescence prohibits types of work that are likely to harm the morals of persons under 18 years of age. Section 8(1) of the Regulations of 2001 on child labour also prohibit young persons (any person between 14 and 18 years, under section 2) from engaging in unhealthy and types of hazardous work, even where they are carried on in the context of an educational or training course, and section 9 of the Regulations prohibits work that it is likely to harm the morals of persons under 18 years of age.

However, the Committee notes that, in accordance with section 2(1), the Labour Code excludes from its scope of application agricultural and stock-raising establishments not employing on a permanent basis more than ten workers. It also notes that, under sections 4 to 6 of the Regulations of 2001 on child labour, the Regulations apply solely to contractual employment. The Committee notes that, under the terms of these provisions, the Labour Code and the Regulations on child labour do not apply to young persons under 18 years of age who are not covered by the Labour Code and Regulations on child labour and who are engaged in types of hazardous work. The Committee requests the Government to indicate the manner in which the national legislation provides those young persons the benefit of the protection afforded by Article 3(d).

Article 4, paragraph 1. Determination of the list of types of hazardous work. The Committee notes with interest that section 122(2) of the Code of Childhood and Adolescence of 1996 and section 8(2) of the Regulations of 2001 on child labour determine a list of types of hazardous work. The Committee notes the information provided by the Government that the list established by section 8 of the Regulations of 2001, which takes up the list determined by section 122 of the Code of Childhood and Adolescence, was adopted following tripartite discussion held in June and July 2001.

Furthermore, the Committee notes that the Government has identified the most hazardous types of activity involving child labour based on various criteria. The first criterion examined is the number of hours of work a week. The following sectors have been identified: transport (55 hours), services (48 hours) and construction (48 hours). The second criterion is the total income in lempiras (Lps). The following sectors have been identified: agriculture (wage in rural areas: 260 Lps; wage in urban areas: 351 Lps), trade (wage in rural areas: 126 Lps; wage in urban areas: 377 Lps), services (wage in rural areas: 315 Lps) and industry (wage in rural areas: 4,444 Lps). Finally, the third criterion examined is school attendance, with the following activities being identified based on the percentage of children engaged in them who do not attend school: the construction sector, 93 per cent; household work, 93 per cent; the transport sector, 91 per cent; agriculture, 84 per cent; the services sector, 83 per cent; and the industrial sector, 78 per cent. The Committee also notes that consultations have been held in urban and regional areas with a view to determining hazardous types of work according to the criteria set out in Convention No. 182. Following the regional and urban consultations, the following activities were identified as hazardous: the services sector, commercial sexual exploitation, trade, construction and industry; domestic work; work involving winches and welding; work in nocturnal centres; work in bakeries; carpentry; bus conductors; itinerant traders; and mechanical work. Following the regional rural consultations, the following activities were also considered to be hazardous; the construction, transport, agricultural and commercial sectors; domestic work; work in sawmills; work in opencast mines; tobacco cultivation; vendors on buses; the production of lime; the handling of agro-chemical products; cutting work using machetes; the burning of reeds; and work which is harmful to the health, safety or morals of young persons, such as the manufacture of fireworks, the collection of rubbish, the sale of chemical products for use in agriculture, agricultural work for the cultivation of export crops, work by children as apprentice divers and work by children exposed to road traffic.

Finally, the Committee notes the statement by the Honduran Council of Private Enterprise concerning entrepreneurs and the measures they have adopted to combat child labour. According to this statement, certain enterprises have adopted internal directives to prohibit work by young persons under 17 or 18 years of age and access to workplaces in the following activities: export processing zones, melon, sugar, tobacco, explosives and fishing and bus conductors.

Article 4, paragraph 2. Identification of where types of hazardous work exist. The Committee notes the information provided by the Government, according to which, in the context of the consultation on child labour undertaken in the country, which led to the preparation of the National Plan of Action for the gradual and progressive elimination of child labour,criteria were used to identify where types of hazardous work exist, such as: work which, by its nature or the circumstances in which it is carried out, does not guarantee boys and girls the rights established by law. These include work which: requires capacities in excess of those possessed by the boy or girl at that precise stage of their development, or which harms or imperils the process of physical, mental or emotional development of the child; prevents or renders difficult enrolment, attendance or success at school; does not allow sufficient time for recreation, the practice of a sport, free time and rest; does not secure appropriate conditions of work for young persons between 15 and 17 years of age, including access to social security, remuneration, working hours and a training programme; and results in third parties or the family appropriating the income from the child’s activities.

The Committee also notes that the following seven regions of the country have been identified as areas in which hazardous activities are carried out: Santa Rosa de Copán (West); San Pedro Sula (North); Choluteca (South); Danlí (East); La Ceiba (Atlantic coast); Juticalpa (North-east); and Comayagua (central corridor). The Committee further notes that consultations have been held with working boys and girls and the fathers, mothers and guardians of children who work, and that inspections and awareness-raising activities have been carried out: in the markets of Tegucigalpa, San Pedro Sula, Choluteca and La Ceiba; in the coffee sector in Trinidad, Santa Bárbara and Tutule la Paz; in tobacco plantations in El Paraíso; in grain production for commercial and subsistence farming in Olancho; in melon growing in Choluteca; in the informal economy in Tela, Atlántida; with children who are apprentice divers in Mosquitia and in Gracias a Dios; with domestic child workers and those working on sugar cane plantations; and in salt mines in southern areas.

Article 5. Mechanisms to monitor the implementation of the provisions of the Convention. The Committee notes that sections 115, 119, 124, 128 and 133 of the Code of Childhood and Adolescence of 1996 contain provisions regulating the functions and responsibilities of the Secretariat of State in relation to employment offices and social assistance. These responsibilities include the Secretariat ensuring that: young persons do not perform work which is hazardous or interferes with their school attendance (section 115); regular inspections of enterprises to ascertain whether they are employing young persons and whether they are complying with the standards protecting young workers (section 128). Sections 269 to 275 of the Code of Childhood and Adolescence establish the National Social Welfare Committee as the authority competent for coordination, studies, promotion and the formulation of prevention and protection policies for children. Furthermore, section 11 of the Regulations on child labour provides that labour inspectors, the police and the health authorities are empowered to take action against any employer who uses children or young persons in violation of the standards set forth in the Regulations. The Committee requests the Government to provide information on the activities of the labour inspection services, including extracts of reports and documents. It further requests the Government to provide information on the consultations held with employers’ and workers’ organizations, in accordance with this Article.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. 1. UNICEF. The Committee notes that the Government, in collaboration with UNICEF, has established a Programme on Legislation and Special Protection Policies, the objective of which is to adapt the national legislative framework and public policies relating to children. The Committee requests the Government to provide information on the implementation of this programme and the results achieved, particularly with regard to the elimination of the worst forms of child labour.

2. Save the Children. The Committee notes the information provided by the Government that a programme to strengthen eight regional sub-councils is being undertaken. The objective of this programme is to facilitate the effective implementation of the National Plan of Action for the gradual and progressive elimination of child labour and to achieve the enforcement of the national legislation. The Committee notes that, in the context of this programme, boys and girls have been questioned with a view to obtaining their opinions and proposals. It requests the Government to provide information on the implementation and outcome of the above programmes with regard to the elimination of the worst forms of child labour.

Paragraph 2. The Committee requests the Government to provide information on the consultations held with employers’ and workers’ organizations with a view to the formulation of the programmes of action mentioned above, as well as those implemented with the assistance of ILO/IPEC.

Article 7, paragraph 1. Penalties. The Committee notes that section 134(c) of the Code of Childhood and Adolescence of 1996 establishes a penalty of between three and five years of imprisonment for any person who commits the crime of economic exploitation, through prostitution or pornography. The Committee further notes that section 148 of the Penal Code establishes a penalty of between five and eight years of imprisonment and a fine of between 50,000 and 100,000 Lps for any person who, among other activities, with a view to gain, causes prostitution. Where the victim is under 18 years of age, the penalty may be increased. Furthermore, sections 17 to 21 of the Act on the illicit use and trafficking of drugs and psychotropic substances, provide for a penalty of between nine and 12 years of imprisonment and a fine of from 50,000 to 100,000 Lps for any person who uses or incites a person to produce or traffic drugs or psychotropic substances. Section 128 of the Code of Childhood and Adolescence of 1996 provides that any person who is in violation of the standards respecting the protection of children, particularly those relating to types of hazardous work covered by sections 122 and 123 of the Code, shall be liable to a fine of between 5,000 and 25,000 Lps. Repeat offenders shall be liable to a fine of double the initial penalty, up to a ceiling of 25,000 Lps. Moreover, sections 29 to 31 of the Regulations of 2001 on child labour establish administrative sanctions. Any person who is in breach of the standards relating to the worst forms of child labour, unhealthy and types of hazardous work, illicit activities and other standards to protect working children shall be liable to a fine of from 5,000 to 25,000 Lps.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes the information provided by the Government that, in the context of the technical assistance of ILO/IPEC to eliminate the worst forms of child labour, several programmes of action have been implemented. In 2003, a Direct Programme of Action for the elimination of child labour in melon plantationswas carried out in Choluteca and has been renewed for 2004; between October 2002 and July 2004, a Direct Programme of Action for the elimination of child labour in the coffee production sector was carried out in Santa Bárbara; aDirect Programme of Action on child domestic labour has been commenced in villages in Tegucigalpa and San Pedro; a Pilot Programme on underwater fishing has also been designed for the municipality of Raya, in the department of Gracias a Dios; and a project relating to the rubbish dumps in Tegucigalpa is currently being implemented.

Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes that, according to the information provided by the Government, the number of girls, boys and young persons covered by the various programmes of action referred to above is: 1,200 boys and girls and 500 families for the elimination of child labour in melon plantations in 14 communities and small villages in Marcovia, Choluteca; 1,450 boys, girls and young persons for the elimination of child labour in the coffee production sector in 18 small villages in the municipality of Trinidad Santa Bárbara; 400 child domestic workers in villages in Tegucigalpa and San Pedro; 1,179 child divers in the municipality of Raya, in the department of Gracias a Dios; and around 1,500 working children in the rubbish dumps in Tegucigalpa. The Committee requests the Government to provide statistical data on the number of children who are in practice prevented from being engaged in the worst forms of child labour as a result of the implementation of these various programmes.

Clause (b). Assistance for the removal of children from the worst forms of child labour. The Committee notes that the Direct Programme of Action for the elimination of child labour in the coffee production sector undertaken in Santa Bárbara provides for the strengthening of the economic situation of the families of children removed from their work. The Committee also notes that the Project on rubbish dumps in Tegucigalpa has the objective of assisting the municipal authorities to establish standards and management policies to improve the public service for the collection of rubbish and to withdraw boys and girls from unhealthy and hazardous areas. The project has four components: (1) social protection, namely, health, nutrition, education and recreation; (2) economic alternatives; (3) awareness-raising and public information; and (4) an inter-institutional monitoring network. The Committee requests the Government to provide information on economic alternatives and on the measures taken by this project to ensure the rehabilitation and social integration of children. It further requests the Government to provide statistical data on the number of children who are in practice removed from their work.

Clause (c). Access to free basic education. 1. Technical programmes. The Committee notes with interest that, according to the information provided by the Government, the various programmes and projects implemented include an education component. For example, with regard to the Direct Programme of Action for the elimination of child labour in melon plantations: 234 boys and girls have been integrated into the formal and informal education system, namely 186 in the informal system and 48 in the formal system; and an agreement has been signed between the Ministry of Education and Ministry of Health of Marcovia to combine their efforts to develop a process for the elimination of child labour in melon plantations and other activities, so as to encourage children to continue their schooling. With regard to the Direct Programme of Action for the elimination of child labour in the coffee production sector: 10 per cent of the children concerned have been integrated into the formal education system; five pre-school education centres, managed by volunteers within the community, have been established to develop activities for young persons under 18 years of age; a child labour monitoring unit at the municipal level and surveillance councils in the communities have also been established to manage activities relating to child labour; and research has been carried out to identify the needs of young persons in the field of education and technical programmes undertaken to improve the knowledge of 300 young persons. In the case of the Direct Programme of Action on child domestic work,the rights and duties of children will be taught to 400 children and they will receive vocational training. In the case of the Pilot Programme for underwater fishing in the municipality of Raya, the objective is to maintain the 1,179 children in the education system up to the ninth year. The Committee requests the Government to provide information on the number of children who, after being removed from work, have in practice been integrated into basic education courses or who are receiving pre-vocational or vocational training.

2. CARE Honduras. The Committee notes the Pilot Project on basic education for working boys and girls (ENTRA) undertaken since 2003 by CARE Honduras. The objective of this project is to allow boys, girls and young persons removed from the worst forms of child labour in the department of Valle to have access to basic education. Up to now, 247 children and young persons have benefited from the project and have followed vocational training courses. The Committee notes that the project has received local assistance, particularly through the departmental municipal authorities of Nacaome and the Departmental Directorate of Education. The Committee requests the Government to provide information on the number of children who, after being removed from work, have in practice been integrated into basic education courses or are following pre-vocational or vocational training.

Clause (d). Children at special risk. HIV/AIDS. The Committee notes that, according to the study entitled"Commercial sexual exploitation of boys, girls and young persons in Honduras", published by ILO/IPEC in 2002, HIV/AIDS is a health problem affecting children who are victims of commercial sexual exploitation. The Committee also notes that, according to the Joint United Nations Programme on HIV/AIDS (UNAIDS), Honduras reports 50 per cent of the cases of HIV/AIDS in the whole of Central America, of whom, one in five is aged between 15 and 24 years. The Committee notes that HIV/AIDS has serious consequences for orphans, who are at special risk of being engaged in the worst forms of child labour. The Committee therefore requests the Government to provide information on the specific measures taken to improve the situation of these children.

Clause (e). Special situation of girls. 1. Child domestic labour. The Committee notes that, according to the statistics included in the study carried out by ILO/IPEC in 2003, "Child domestic labour in Honduras", of the children affected by child domestic labour, 94.3 per cent are girls. Of the 135 persons questioned in Tegucigalpa and the 115 in San Pedro, 239 were girls and 11 boys. With reference to its comments under Article 1 of this direct request concerning the plans to reform the national legislation, the Committee requests the Government to indicate the manner in which it intends to accord special attention to the situation of girls so as to ensure that they are not engaged in types of work which are likely to harm their health, safety or morals.

2. Commercial sexual exploitation. The Committee notes that the study entitled "Commercial sexual exploitation of boys, girls and young persons in Honduras", reports that commercial sexual exploitation is an activity that is on the increase in the country. This form of exploitation exists throughout the national territory, for example in tourist areas, border areas, ports and on international traffic routes. Furthermore, it profits various sectors of economic activity, such as tourism, hotels, restaurants and casinos. Activities relating to the commercial sexual exploitation of boys, girls and young persons are linked to international trafficking networks. The Committee notes that, according to this study, despite the magnitude of the problem, few persons are prosecuted and convicted for this crime. The Committee also notes that this worst form of child labour particularly affects girls. It requests the Government to provide information on the effect given to the conclusions and recommendations set out in this study. Furthermore, it requests the Government to provide information on the rehabilitation and social integration of child victims of commercial sexual exploitation and the manner in which the Government intends to accord special attention to these girls and remove them from commercial sexual exploitation.

Article 7, paragraph 3. Competent authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s indications that in 2003 the Technical Council of the National Commission for the Elimination of Child Labour held six meetings to follow up the action taken in the field of child labour. Furthermore, the Government indicates that other institutions working in the field of human rights, women’s rights and children’s rights are engaged in constant monitoring activities and the public denunciation of the presence of boys and girls in types of work identified as being hazardous. The Committee requests the Government to continue providing information on the work of the Technical Council of the National Commission for the Elimination of Child Labour.

Article 8. Enhanced international cooperation and/or assistance. The Committee notes that Honduras is a member of Interpol, the organization which assists in cooperation between countries in the various regions, particularly to combat the trafficking of children. Furthermore, it notes that, according to the information available to the office, the World Bank in June 2003 analysed a new country assistance strategy which will be financed by the International Development Association (IDA). The Committee requests the Government to provide information on the new strategy of assistance to the country analysed by the World Bank, particularly in so far as it is contributes to the elimination of the worst forms of child labour. It also encourages the Government to cooperate with other countries and requests it to provide detailed information on enhanced international cooperation and/or assistance, including support for social and economic development, poverty eradication programmes and universal education.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the Government’s efforts to eliminate the worst forms of child labour. It also notes the information provided by the Government concerning the problems encountered in the implementation of the various programmes. The Committee requests the Government to continue its efforts and to continue providing statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties. To the extent possible, all information provided should be disaggregated by sex.