Observación (CEACR) - Adopción: 2012, Publicación: 102ª reunión CIT (2013)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Honduras (Ratificación : 2001)

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Observación

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Articles 3(a)–(b) and 7(1) of the Convention. Sale and trafficking of children for commercial sexual exploitation, use of children for prostitution and for the production of pornography or pornographic performances, and penalties applied. In its previous comments, the Committee noted information on the denunciations received by the Office of the Public Prosecutor concerning the economic exploitation of minors, child pornography and the procuring and trafficking of persons, the number of crimes reported relating to the commercial sexual exploitation of minors and the number of prosecutions initiated concerning the trafficking of persons and the commercial sexual exploitation of children. While noting that the national legislation, in particular Decree No. 234-2005 of 28 September 2005 amending the Penal Code, prohibits the trafficking of children for commercial sexual exploitation and the use of children for prostitution and for the production of pornography and for pornographic performances, the Committee expressed concern at the allegations of corruption and complicity between those engaged in trafficking and law enforcement, and at the fact that no investigations had been conducted of these cases. In this regard, it urged the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions were carried out against the perpetrators and requested it to provide detailed information on the number of investigations conducted, prosecutions and convictions applied.

Although the Government indicates that special units were created within the Police and Public Ministry for the prosecution of cases of trafficking and commercial sexual exploitation and that various convictions against trafficking in persons were handed down, the Committee notes with regret that the Government’s report contains no information on the number of prosecutions, convictions or sanctions imposed for the sale and trafficking of persons under 18 years of age for the purposes of commercial sexual exploitation or for the use of persons under 18 years of age for prostitution, the production of pornography or for pornographic performances, as well as for officials who are accomplices in such crimes.

The Committee also notes that the Special Rapporteur on the sale of children, child prostitution and child pornography visited the country in September 2012 and called on the Government to increase its efforts to protect children from sexual exploitation, adding that the country still faces many challenges to ensure that children are not victims of prostitution, pornography and abuse. According to the Special Rapporteur these challenges consist of difficulties in accessing mechanisms to guarantee rapid protection and security of children, lack of coordination among government mechanisms, limited resources and slow judicial investigations and impunity denying protection to victims and witnesses (UN News Wire, 10 September 2012).

The Committee notes with interest the Law against Trafficking in Persons, which was adopted by the National Congress on 30 May 2012 through Legislative Decree No. 59-2012. Section 6 of the Law prohibits all forms of trafficking, and also includes the prohibition of commercial sexual exploitation and the use of children below 18 years of age in illegal activities. The Law mandates the establishment of the Inter-Institutional Commission on Sexual Exploitation and Trafficking in Persons, which is to promote inter-agency cooperation and the coordination of activities for the prevention, protection and eradication of these crimes. For this purpose, the Law establishes a range of measures for the protection of victims, to ensure compensation and to provide rehabilitation services. The Committee notes that as a general principle the Law sets out the best interests of the child (section 3) and special attention is paid to child victims of trafficking (section 25). Section 52 prescribes penalties from ten to 15 years of imprisonment and fines between 150 and 250 daily wages for the crimes enumerated in section 6 of the Law and establishes that these penalties are increased by 50 per cent in case the victim is a child below 18 years of age.

The Committee urges the Government to take the necessary measures to ensure the immediate and effective implementation in practice of the 2012 Law against Trafficking in Persons. In this regard, the Committee again urges the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions are carried out against persons engaged in the sale and trafficking of persons under 18 years of age for the purposes of commercial sexual exploitation or who use persons under 18 years of age for prostitution, the production of pornography or for pornographic performances, as well as against officials who are accomplices in such acts, and that sufficiently effective and dissuasive sanctions are applied in practice. It reiterates its request to the Government to provide detailed information on the number of investigations conducted, prosecutions and convictions applied.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Commercial sexual exploitation and trafficking for that purpose. In its previous comments, the Committee noted the National Plan of Action to Combat Commercial Sexual Exploitation (2006–11), which envisages the establishment of procedures for the identification, referral and provision of assistance to children and young persons who are victims of trafficking, as well as the development of models, programmes and projects for comprehensive assistance to children and young persons who are victims of commercial sexual exploitation. The Committee also noted the activities under the ILO–IPEC subregional project on the commercial sexual exploitation of children which were completed in April 2009 and the development of a Protocol in 2008 for comprehensive assistance to children and young persons who are victims of commercial sexual exploitation. The Committee requested the Government to pursue its efforts and requested it to provide detailed information on the measures adopted and results achieved in the context of the 2008 Protocol and the National Plan of Action (2006–11).

The Committee notes the Government’s information that the National Plan of Action to Combat Commercial Sexual Exploitation (2006–11) was elaborated and is being implemented in all relevant institutions. Other measures have included: the implementation of a pilot project on the social rehabilitation of victims of commercial sexual exploitation in the South of the country in June 2011; the effective coordination with different non-governmental organizations to ensure adequate assistance to victims; awareness-raising and capacity-building activities for a large number of justice and civil society workers and various awareness-raising and communication activities. Yet the Committee notes that the Government’s report contains no information on the results achieved in terms of the number of children who have, in practice, been removed from trafficking and commercial sexual exploitation, and who have benefited from social integration measures.

Noting that the abovementioned 2012 Law against Trafficking in Persons also contains comprehensive provisions on the protection, assistance and social reintegration measures to be provided to victims of trafficking and commercial sexual exploitation, the Committee strongly encourages the Government to take immediate and effective measures to implement in practice, measures to provide comprehensive assistance to children and young persons who have been victims of commercial sexual exploitation and trafficking for that purpose. In this regard, the Committee hopes that the Government will have the capacity to provide detailed information with its next report on the results achieved, including an indication of the number of children who have, in practice, been removed from trafficking and commercial sexual exploitation, and who have benefited from social integration measures.

Clause (d). Children at special risk. 1. Street children. The Committee previously noted the high number of street children and the results of the Mano Amiga project targeting young persons living in the crematoria of Tegucigalpa and San Pedro Sula. It requested the Government to continue its efforts to protect street children from the worst forms of child labour and to provide information on the results achieved, particularly within the framework of the Mano Amiga project.

The Committee notes that the Government’s report contains no information on the number of children removed from the streets and who benefited from rehabilitation and social integration measures. The Committee notes from a press release posted on the website of the Organization of Ibero-American States (OEI) of 27 February 2012, and based on the information provided by the Government that the objective of the Mano Amiga project is to capacitate directly 550 and indirectly 2,750 beneficiaries in the main cities of the country. The press release informs that as a result of the project, 241 waste scavengers were removed from the crematorium of the city of San Pedro Sula.

While noting this information, the Committee encourages the Government to continue its efforts to protect street children from the worst forms of child labour and it requests the Government to continue to provide information on the number of children removed from the streets and who have benefited from rehabilitation and social integration measures, in particular through the “Mano Amiga” project.

2. Indigenous children. In its previous comments, the Committee noted the policy and programmatic measures taken to prevent and remove indigenous girls, boys and young persons from child labour, including in the framework of the ILO–IPEC activities in the country. The Committee requested the Government to intensify its efforts to protect indigenous children that are at risk of being engaged in the worst forms of child labour, and requested it to provide information on the results achieved.

While noting the information concerning the consultation of indigenous groups in the framework of the design and implementation of the Public Policy and National Action Plan on Justice and Human Rights, the Committee notes that the Government’s report contains no information on measures and results achieved to protect indigenous children from the worst forms of child labour. The Committee takes due note of the information contained in the 2012 report on child labour prepared by the Secretary of State in the Offices of Justice and Human Rights, which reports about a direct assistance programme allowed for the withdrawal of 150 children and the prevention of 350 children from child labour in the indigenous community of Opatoro.

Recalling that the children of indigenous peoples are often victims of exploitation, which takes on very diverse forms, and are a population at risk of being engaged in the worst forms of child labour, the Committee reiterates its request to the Government to intensify its efforts to protect these children from the worst forms of child labour and to provide information on the results achieved in its next report.

Clause (e). Special situation of girls. Child domestic workers. The Committee previously noted that a large number of children, particularly girls, are engaged in domestic work. It emphasized that children engaged in domestic work, particularly young girls, are often victims of exploitation, which takes on very diverse forms, and that it is difficult to supervise their conditions of employment. The Committee, therefore, requested the Government to take effective measures in that respect.

Noting with regret the absence of information on this point in the Government’s report, the Committee is bound to reiterate its request to the Government to take immediate and effective measures for the protection of children engaged in domestic work against the worst forms of child labour, taking into account the special situation of girls. It again requests the Government to provide information in its next report on the measures adopted and the results achieved in this respect, with an indication of the number of child domestic workers who have, in practice, been removed from the worst forms of child labour and the specific rehabilitation and social integration measures adopted for these children.

Article 8. International and regional cooperation. Commercial sexual exploitation and trafficking for that purpose. In its previous comments, the Committee noted that the ILO–IPEC subregional project on the commercial sexual exploitation of children envisaged the strengthening of horizontal collaboration between countries participating in the project. It considered that cooperation between law enforcement agencies, particularly the judicial authorities and police forces, is indispensible to prevent and eliminate commercial sexual exploitation, and particularly the sale and trafficking of children for that purpose, through the collection and exchange of information and through assistance in the detection and prosecution of the individuals involved, and the repatriation of victims. The Committee requested the Government to provide information on the measures adopted to promote cooperation with neighbouring countries in this regard and indications as to the number of children repatriated to their countries of origin.

The Committee notes that besides the statement that the Government has exchanged experiences with other countries on trafficking and the commercial sexual exploitation of children in Colombia in December 2010, the Government’s report provides no information on this point. The Committee notes that section 43 of the abovementioned 2012 Law against Trafficking in Persons provides for the repatriation of foreign victims of trafficking abroad or of nationals to Honduras, which should be voluntary and assisted.

In these circumstances, the Committee once again requests the Government to provide information on the measures adopted to promote cooperation with neighbouring countries and strengthen security measures at common borders with a view to combating the trafficking and commercial sexual exploitation of children. It also requests the Government to provide detailed information on the implementation of the 2012 Law against Trafficking in Persons, with an indication of the number of children repatriated to their countries of origin.

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