Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

The Committee notes with interest the detailed information provided by the Government in its report in reply to the Committee’s general observation on the trafficking of children for economic and sexual exploitation made in 2004. In addition to legislative measures, the Committee notes the numerous administrative, awareness-raising and cooperation measures adopted to prevent children from becoming victims of commercial sexual exploitation or trafficking for that purpose.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. In its previous comments, the Committee noted that section 367bis of the Penal Code prohibits and penalizes the sale and trafficking of persons for sexual exploitation. However, it noted that the national legislation did not contain provisions prohibiting the sale or trafficking of young persons under 18 years of age for economic exploitation. The Committee notes the information provided by the Government according to which the measures adopted to secure the prohibition of the sale and trafficking of young persons under 18 years of age for economic exploitation consist of the ratification of international conventions and other international commitments in this field, the harmonization of national legislation with these conventions through the establishment of penal sanctions and the implementation of programmes of action and projects.

Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee noted that Act No. 19336 of 1995 respecting the illicit trafficking of narcotic and psychotropic substances (hereinafter Act No. 19336) did not prohibit the use, procuring or offering of young persons under 18 years of age for illicit activities and it requested the Government to indicate the measures adopted or envisaged to secure the prohibition and elimination of this worst form of child labour. The Committee notes the adoption of Act No. 20000 of 16 February 2005 (hereinafter Act No. 20000 of 16 February 2005), repealing Act No. 19336, which established penalties for the illicit trafficking of narcotic and psychotropic substances. It notes that section 5 of Act No. 20000 of 16 February 2005 establishes penalties for persons found guilty of providing a young person under 18 years of age with a product containing aromatic hydrocarbons such as benzene, toluene or other similar substances. It also notes that section 19 of Act No. 20000 of 16 February 2005 establishes more severe penalties for persons found guilty of having facilitated the use or consumption of drugs, narcotics or psychotropic substances by young persons under 18 years of age. The Committee observes that these provisions of Act No. 20000 of 16 February 2005 do not prohibit the use, procuring or offering of a young person under 18 years of age for illicit activities. It therefore once again requests the Government to take the necessary measures to prohibit and penalize the use, procuring or offering of a young person under 18 years of age for illicit activities, in particular for the production and trafficking of drugs, in accordance with Article 3(c) of the Convention.

Article 3(d) and Article 4, paragraphs 1 and 3. Hazardous types of work and the revision of the list of hazardous types of work determined. In its previous comments, the Committee noted the project entitled “National diagnosis of work by children and young persons and identification of cases of the worst forms of child labour” and the study entitled “Work by children and young persons in figures: National survey and register of the worst forms”, published at the beginning of 2004. This study, based on a special survey, sought to determine the unacceptable forms of work which have to be eliminated in the country as a priority. The Committee noted that, in the context of this study, a preliminary determination had been made of the worst forms of child labour and it requested the Government to provide the list of hazardous types of work determined once it had been finalized. In its report, the Government provides a detailed list of the economic activities considered to be intolerable and hazardous, formulated in 2003 for the System for the Registration of the Worst Forms of Child Labour, and still up to date. It indicates that the National Advisory Committee for the Prevention and Elimination of Child Labour will make use of this list with a view to establishing a definitive list of the hazardous types of work prohibited for young persons under 18 years of age in Chile. The Committee hopes that the definitive list of hazardous types of work will be established in the near future and requests the Government to provide a copy once it has been finalized. It also requests the Government to provide information on the consultations held with employers’ and workers’ organizations.

Article 5. Monitoring mechanisms. 1. System for the Registration of the Worst Forms of Child Labour. The Committee takes due note of the information provided by the Government in its report concerning the System for the Registration of the Worst Forms of Child Labour, the objective of which is an exchange of information between the various fields of the public sector on the worst forms of child labour. It notes the statistics generated by the registration system, which were provided by the Government, and observes that it enables the Government to gain an overview of the magnitude of the problem of child labour and its worst forms in the country, and of the measures that have been taken to provide assistance to child victims. The Committee also notes that, since the beginning of 2006, the education and health sectors have been participating in the system and that, by 2007, the information exchange network will be extended to include the judicial system, child welfare institutions and the police. The Committee requests the Government to continue providing information on the System for the Registration of the Worst Forms of Child Labour.

2. National Service for Young Persons (SENAME). With reference to its previous comments, the Committee takes due note of the information provided by the Government on the functions of the SENAME, and particularly on the numerous activities that it has conducted in relation to the elimination and prohibition of the worst forms of child labour, including commercial sexual exploitation.

Article 6. Programmes of action. In its previous comments, the Committee noted the Plan for the Prevention and Progressive Elimination of Work by Children and Young Persons in Chile, the objectives of which include developing a profile of the boys, girls and young persons engaged in the worst forms of child labour and providing them with social, legal and educational assistance for their reintegration. The Committee requested the Government to provide information on the programmes developed for the implementation of the prevention plan. The Committee notes the information provided by the Government in its report on the results achieved following the implementation of the various programmes of action by the SENAME, in collaboration with ILO/IPEC, other government bodies and non-governmental organizations in the various regions of the country. It also notes that new programmes of action relating to the commercial sexual exploitation of children, particularly focusing on prevention and raising the awareness of families, employers’ and workers’ organizations in relation to this worst form of child labour, have been implemented in 2005 and 2006 and are due to be completed in 2007. The Committee requests the Government to provide information on the results achieved following the implementation of the new programmes of action.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Programme of action on commercial sexual exploitation. In its previous comments, the Committee noted the “Programme of prevention and assistance to girls and boys subject to commercial sexual exploitation in Chile”, the objective of which was the adoption of measures in relation to 120 girls and boys. The Committee requested the Government to provide information on the results achieved through the implementation of this programme, and particularly the number of children who were, in practice, prevented from being engaged in this worst form of child labour. In this respect, the Committee takes due note of the information provided by the Government on the significant contribution of the programme of action in preventing children from becoming engaged in this worst form of child labour. In particular, it notes the following measures: the awareness-raising campaign for the population; awareness-raising and training activities for parents, children, teachers, religious and community leaders, associations of hotel owners, tourist operators, unions of taxi drivers and the owners of bars, restaurants and their employees; training activities on children’s rights for the police, the judiciary and other institutions responsible for the implementation of the law, as well as health practitioners.

The Committee notes that Chile is participating in the new ILO/IPEC regional project entitled “Programme for the prevention and elimination of child domestic work and the commercial sexual exploitation of children”, in which Colombia, Paraguay and Peru are also participating. According to the information available to the Office, this new programme will benefit around 4,960 children, of whom 1,700 will be prevented from being engaged in commercial sexual exploitation. The Committee requests the Government to provide information on the results achieved through the implementation of the new programme in Chile, particularly in terms of the number of children who are, in practice, prevented from being victims of commercial sexual exploitation or trafficking for that purpose.

Clause (b). Assistance for the removal of children from the worst forms of child labour. Programme of action on commercial sexual exploitation. In its previous comments, the Committee noted that the three specific objectives of the “Programme of prevention and assistance to girls and boys subject to commercial sexual exploitation in Chile” were to: remedy the psychosocial harm and restore their rights to girls and boys subjected to commercial sexual exploitation; develop and strengthen relations between children and their families, other important persons or those close to them; and establish local and inter-sectoral networks. It requested the Government to provide information on the measures adopted to ensure the implementation of these three objectives. The Committee takes due note of the numerous measures adopted with a view to removing children from commercial sexual exploitation and trafficking for that purpose, and to ensure their social integration. In particular, it notes the following measures: establishment of a system for the denunciation of cases of the commercial sexual exploitation of children; creation of a coordinating committee composed of representatives of the judicial system, the police and other institutions responsible for the implementation of the law, particularly with a view to improving their procedures in relation to commercial sexual exploitation; the creation of specialized reception centres for child victims of sexual exploitation; the implementation of measures for the rehabilitation and social integration of victims of this worst form of child labour, including vocational training, the adaptation of children to the level of the regular school system and psychological assistance.

The Committee notes that, in the context of the new “Programme for the prevention and elimination of child domestic work and the commercial sexual exploitation of children”, around 900 children will be removed from this worst form of child labour. It requests the Government to provide information on the results achieved through the implementation of the new programme in Chile for the provision of the necessary and appropriate direct assistance to child victims of this worst form of child labour, and for their rehabilitation and social integration.

Clause (d). Children at special risk. 1. Street children. The Committee notes that, according to the statistics provided on the SENAME web site, over 6,500 children are reported to be living in the streets in Chile. The Committee observes that street children are at greater risk of being engaged in the worst forms of child labour. The Committee requests the Government to provide information on the measures adopted in the context of the implementation of the various programmes of action on commercial sexual exploitation to protect street children from the worst forms of child labour.

2. Indigenous children. According to the information available to the Office, indigenous children are particularly affected by the worst forms of child labour. It requests the Government to provide information on the measures adopted to ensure that indigenous children are not engaged in the worst forms of child labour and to provide the necessary and appropriate direct assistance to remove them from the worst forms of child labour and for their rehabilitation and social integration.

Article 8. International cooperation. The Committee notes the Government’s indications concerning the measures adopted to improve collaboration between the various actors at the national and local levels concerned with the commercial sexual exploitation of children, including governmental organizations, non-governmental organizations, employers’ and workers’ organizations and other civil society institutions. However, it notes that the Government provides very little information on collaboration with other countries, and particularly the countries of origin of child victims of trafficking to Chile. The Committee therefore requests the Government to indicate whether measures have been taken to engage in cooperation with the countries of origin of child victims of trafficking, for example through the exchange of information and the strengthening of security measures along common borders.

Parts IV and V of the report form. Application of the Convention in practice. With reference to its previous comments, the Committee notes the statistical data on the nature, extent and trends of the worst forms of child labour, the number of children protected, the number and nature of the infringements reported, the investigations conducted, charges brought, convictions and penalties imposed. According to the information available to the Office, the Government will conduct a new study on the extent of the problem in the country. The Committee requests the Government to provide the findings of this new study and to continue supplying 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 conducted, charges brought, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.