Observación (CEACR) - Adopción: 2015, Publicación: 105ª reunión CIT (2016)

Repetition

The Committee notes the Government’s indication that it has submitted the draft amendments to the Labour Code to the Council of Ministers for its examination and approval, but that this was delayed due to a change in government. The Government declares that as soon as a new government is formed, the draft amendments will be submitted once again to the Council of Ministers for their re-examination. Moreover, the Committee notes that ILO technical assistance resulted in the development of action plans to concretely address the comments of the Committee, including the adoption of a list of types of hazardous work. The Committee notes the indication contained in the mission report of the tripartite inter-ministerial workshop carried out in February 2013, according to which it is planned to adopt the draft amendments to the Labour Law within the year, national circumstances permitting. Considering that the Government has referred to these draft amendments to the Labour Code for a number of years and, given that Article 1 of the Convention obliges member States to take immediate measures to prohibit the worst forms of child labour, the Committee urges the Government to take the necessary measures to ensure that the amendments are adopted as a matter of urgency. Furthermore, the Committee once again encourages the Government to take into consideration, during the review of the relevant legislation, the Committee’s comments on discrepancies between national legislation and the Convention.

Articles 3 and 7(1) of the Convention. Worst forms of child labour and penalties. Clause (a). All forms of slavery or practices similar to slavery. Trafficking. The Committee previously drew the Government’s attention to the lack of legislation prohibiting the sale and trafficking of children.

The Committee notes the promulgation of Act No. 164 of 24 August 2011 prohibiting trafficking in persons. By virtue of sections 586(1) and 586(5) of the Act, the trafficking of child victims under 18 years of age for the purpose of exploitation – which includes sexual exploitation and exploitation for the purpose of forced or compulsory labour – is punishable by a sentence of imprisonment varying between ten and 12 years and by a fine that can amount to 200 to 400 times the official minimum wage. The Committee requests the Government to provide information on the application of the provisions of Act No. 164 which prohibit the sale and trafficking of children, including, in particular, statistics on the number and nature of violations reported, investigations, prosecutions, convictions and penalties imposed.

Clauses (b) and (c). Use, procuring or offering of a child for the production of pornography or for pornographic performances and for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted that section 33(b) of the draft amendments to the Labour Code specifies that any person who participates, encourages, facilitates or incites anyone to use, procure or offer a child or young person for the production of pornography or for pornographic performances is liable to punishment under the Penal Code, in addition to the penalties imposed by the Labour Code. Furthermore, the Committee noted the Government’s information that section 33(c) of the draft amendments to the Labour Code provides that any person who participates, encourages, facilitates or incites another to use, procure or offer a child or young person for illicit activities, especially for the production and trafficking of drugs, commits a crime under the Penal Code.

The Committee notes that, according to the Government’s information, in 2010, 29 children were found engaged in prostitution (three boys and 26 girls; and five aged between 12 and 14 years, nine between 15 and 16 years, and 15 above 16 years of age). In 2011, 15 children were found in prostitution (all girls; and three aged between 12 and 14 years, six between 15 and 16 years, and six above 16 years of age). In the first six months of 2012, eight children were found in prostitution (one boy and seven girls; and three aged between 15 and 16 years, and five above 16 years of age).

The Committee notes that, by virtue of section 3 of Annex No. 1 of Decree No. 8987 of 2012 on the prohibition of the employment of minors under the age of 18 in works that may harm their health, safety or morals, it is prohibited to engage a child under 18 years of age in any work using or exploiting a child’s body for sexual or pornographic purposes or similar acts, and any illicit work or activity that violates the criminal laws, such as the transportation, sale, marketing, dealing or use of all kinds of drugs. The Committee requests the Government to take immediate and effective measures to ensure the application in practice of the provisions of Decree No. 8987 of 2012 prohibiting the engagement of children for sexual or pornographic purposes or for illicit activities, and to provide information in this regard, in particular, statistics on the number and nature of violations reported, investigations, prosecutions, convictions and penalties imposed.

As for the draft amendments to the Labour Code, the Committee requests the Government to take the necessary measures to ensure the adoption of the provisions prohibiting the use, procuring or offering of persons under the age of 18 for the production of pornography or for pornographic performances, and the use, procuring or offering of persons under the age of 18 for illicit activities, as well as of the provisions providing for the penalties imposed.

Clause (d). Hazardous work. Following its previous comments, the Committee notes that Decree No. 8987 on the prohibition of the employment of minors under the age of 18 in works that may harm their health, safety or morals was adopted in 2012. The Committee observes that, according to this decree, minors under the age of 18 shall not be employed in the extensive list of prohibited types of work and activities which, by their nature, harm the health, safety or morals of children, limit their education and constitute one of the worst forms of child labour included in Annex No. 1 of the Decree. This list includes activities involving physical hazards (for example, activities requiring the handling of explosives or weapons, working in quarries or caves, or exposing children to carcinogenic substances); activities involving psychological hazards (for example forced labour, domestic service, or working in the streets); activities involving moral hazards (for example betting and gambling); and activities limiting education. The Committee requests the Government to provide information on the application in practice of Decree No. 8987, including statistics on the number and nature of violations reported, investigations, prosecutions, convictions and penalties imposed by virtue of the relevant provisions of the Labour Code.