Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

Article 1 of the Convention. Measures to secure the prohibition and elimination of the worst forms of child labour. The Committee notes the information provided by the Government that the Ministry of Labour and Human Resources, in cooperation with organizations and institutions concerned by child labour, carried out activities in Quito to combat child labour, in sexual exploitation in particular, and in the construction, flower-growing and rubbish disposal sectors. Following these activities a "National Plan for the Elimination of Child Labour in Ecuador" was formulated. The Committee requests the Government to provide a copy of the National Plan together with information on the measures taken under the Plan to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency, particularly in the abovementioned areas.

Article 3. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee noted that according to section 78 of the Children’s and Young Persons’ Code of 2003, boys, girls and young persons have the right to be protected from participation in the production, marketing and advertising of the following substances and objects: alcoholic beverages, tobacco, narcotics and psychotropic substances, weapons, explosives and substances that endanger the life and physical integrity of persons. The Committee pointed out that section 78 of the Code lays down a right, not a prohibition. The Government states in reply that this matter will be considered when the regulations of the Children’s and Young Persons’ Code are formulated. The Government further states that it pledges to take all necessary measures to prohibit the use, procuring or offering of children for illicit activities. The Committee takes note of the information supplied by the Government. It hopes that the regulations of the Children’s and Young Persons’ Code will soon be adopted and asks the Government to provide information on developments in this regard, particularly on the measures taken to prevent the use, procuring or offering of children for illicit activities.

Article 4, paragraph 1. Determination of hazardous work. In its previous comments, the Committee noted that section 138(1) of the Labour Code specifies that the activities prohibited for women and men under 18 years of age in industries and hazardous or unhealthy work are to be determined in special regulations. It likewise noted that section 138(2) of the Labour Code sets out a list of industries deemed to be hazardous and which are covered by the prohibition. It further noted the information supplied by the Government that, in order to enlarge on and update the list of hazardous activities prohibited for young persons and children, two nationwide consultations had been held, one with civil society and interested state bodies, including representative organizations of employers and workers, and the other with the indigenous population. Following the consultations, regulations were to be drafted in order to update the list of jobs prohibited for children, pursuant to section 138 of the Labour Code. The Committee went on to note that, according to section 87(2) of the Children’s and Young Persons’ Code of 2003, the National Council for Children and Young Persons was to determine the types of work that are hazardous, harmful or dangerous for young persons.

The Committee notes the information provided by the Government that the National Council for Children and Young Persons is in the process of drafting regulations on types of hazardous work prohibited for young persons. The Committee draws the Government’s attention, in this connection, to Article 4, paragraph 1, of the Convention which states that, in determining types of hazardous work, relevant international standards must be taken into consideration, particularly Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee points out in particular that Paragraph 3 of Recommendation No. 190 sets out a list of activities to which the Government might give special consideration in determining types of hazardous work, namely: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels or vibrations damaging to their health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee wishes to bring to the attention of the Government the provisions of Article 1 which requires the Government to take immediate measures to prohibit the worst forms of child labour. The Committee trusts that the regulations on types of hazardous work prohibited for young persons, drawn up by the National Council for Children and Young Persons, will be adopted shortly and requests the Government to provide information on any progress made in this respect.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. The Committee notes that, according to the Government, the National Committee for the Gradual Elimination of Child Labour (CONEPTI) has developed a strategy for the purpose of: developing specific policies on the prevention and elimination of the worst forms of child labour; ensuring that existing social policies contribute to eliminating the worst forms of child labour; and promoting education as a fundamental tool for eliminating the worst forms of child labour. The Committee requests the Government to provide information on the strategy developed by CONEPTI and to indicate how it contributes to applying the Convention, in accordance with Article 5 of the Convention.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. In its previous comments, the Committee noted that the Government had embarked on several projects to abolish child labour and in particular to eliminate hazardous work in various sectors. The Committee took note in this connection of the project to eliminate child labour in brickworks (Quito and Cuenca) and the project to eliminate child labour in refuse dumps (Santo Domingo de los Colorados). The Committee notes that the Government has provided no information on these two projects. It again requests information on their implementation and the results obtained.

Article 7, paragraph 1. Penalties. In its previous comments, the Committee observed that the national legislation imposes penalties only for breach of the provisions on prostitution and hazardous work. It reminded the Government that, according to Article 3 of the Convention, the worst forms of child labour include all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom; the forced or compulsory recruitment of children for use in armed conflict; and the use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes the information sent by the Government that Congress is currently examining a bill which is to increase significantly the penalties that will be applied to persons found guilty of using girls and boys for sexual exploitation, trafficking or unlawful displacement. The Committee trusts that the bill will shortly become law and will abolish all forms of slavery or similar practices, such as debt bondage and serfdom and forced or compulsory labour, including the forced or compulsory hiring of children for use in armed conflict; and the use, procuring or offering of children for the production of pornography or for pornographic performances. The Committee requests the Government to report on these developments.

Article 7, paragraph 2. Effective and time-bound measures. In its previous comments, the Committee noted that the Government planned, with cooperation from ILO/IPEC, to implement a Time-bound programme (TBP) in order to abolish the worst forms of child labour. It further noted that studies were being conducted in Ecuador, with the participation of ILO/IPEC, in order to determine the extent to which children are engaged in the worst forms of child labour and identify these forms of child labour promptly. The studies covered the following sectors: sexual exploitation, construction, banana and flower-growing, small-scale mining and refuse dumping. The Committee further noted that studies were to be conducted to establish the situation of child labour in domestic work and subsistence agriculture. It again requests the Government to provide information on the implementation of the TBP and the results obtained in terms of: (a) preventing the engagement of children in the worst forms of child labour; (b) providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration; (c) ensuring access to free basic education, and, wherever possible and appropriate, vocational training, for all children removed from the worst forms of child labour; (d) identifying and reaching out to children at special risk; and (e) taking account of the special situation of girls.

Clause (b). Removing children from the worst forms of child labour and ensuring their rehabilitation and social integration. The Committee takes note of the document on the system for monitoring child labour in the small-scale traditional mining sector in Bella Rica, published by ILO/IPEC, Lima, in August 2004. According to this document, child labour in these mines is deemed to constitute hazardous work within the meaning of Article 3(d) of the Convention. The Committee notes that nearly 300 boys and girls aged from 17 to 18 years work in traditional gold mines in Bella Rica. The document further indicates that one of the activities carried out under the "Project to Eliminate Child Labour in the Traditional Mines at Bella Rica" has been to remove boys, girls and young people from such work and to prevent it. The Committee requests the Government to indicate the number of children actually removed from such work in the context of this project.

Clause (d). Identifying children at special risk. In its previous comments, the Committee noted that, in its Concluding Observations (CRC/C/15/Add.93, paragraphs 29 and 30) on the initial report of Ecuador, the Committee on the Rights of the Child expressed concern at the insufficient measures to address the serious issues of child labour, particularly domestic labour and the economic and sexual exploitation of children. More and more children are living or working in the street and require special attention because of the risks to which they are exposed. That committee recommended that the Government should pay particular attention to research and monitor the situation of these children and all those forced to engage in hazardous labour, including domestic service and prostitution. The Committee renews its request to the Government to provide information on the measures taken or envisaged to protect children in domestic service and street children against the worst forms of child labour.

Article 8. Enhanced international cooperation and/or assistance. In its previous comments the Committee noted that in its Concluding Observations (CRC/C/15/Add.93, paragraph 30) on the initial report of Ecuador, the Committee on the Rights of the Child took note of the Government’s efforts to combat the trafficking and sale of children, but remained concerned about the lack of sufficient preventive measures in this area. Concerning the trafficking of boys and girls into neighbouring countries for work, including prostitution, the abovementioned committee recommended that measures be taken on an urgent basis, such as a comprehensive programme of preventive measures, including an awareness-raising campaign and educational programmes directed in particular at rural areas and concerned government officials, and measures to rehabilitate victims. It furthermore strongly encouraged the Government to engage in cooperation with neighbouring countries. The Committee again requests the Government to provide information on the measures taken or envisaged for cooperation with neighbouring countries and the prevention of the sale and trafficking of children for the purpose of economic and sexual exploitation.

Parts IV and V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted that, according to a report published by IPEC South America in July 2001 "Studies and statistics - National diagnosis", Ecuador has made significant progress in child protection standards. It observed, however, that in practice a number of problems remained, particularly as regards sexual exploitation and the construction, banana and flower-growing sectors, small-scale traditional mining, refuse dumping, domestic work and subsistence agriculture, all of which are areas targeted by the TBP. The Committee also noted that the statistics and data did not relate specifically to the worst forms of child labour. Noting that the Government has provided no information on the statistics, the Committee again asks it to provide 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, investigations, prosecutions, convictions and penalties imposed. To the extent possible, the information provided should be disaggregated by sex.