Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee notes the Government’s report and the attached documents.

Article 3 of the Convention. Worst forms of child labour. Clauses (a) and (b). Sale and trafficking of children for commercial sexual exploitation and the use of children for prostitution, for the production of pornography or for pornographic performances. With reference to its previous comments, the Committee notes with satisfaction the adoption of Decree No. 234-2005 of 28 September 2005 reforming the Penal Code. It notes in particular that sections 148 and 149 prohibit procuring, namely the recruitment and submission of a person to commercial sexual exploitation, and the international and internal trafficking of persons for commercial exploitation. These two provisions also establish heavier penalties when the victim is under 18 years of age. Furthermore, sections 149-B and 149-D prohibit the use of young persons under 18 years of age in public or private exhibitions or performances of a sexual nature and in the production of pornography. Section 149-E also penalizes the international and national promotion of the country as a tourist destination accessible for sexual activity.

However, the Committee notes, according to the information contained in the evaluation reports of the ILO/IPEC subregional project entitled “Contribution to the prevention and elimination of commercial sexual exploitation of children in Central America, Panama and the Dominican Republic”, in which Honduras is participating along with Belize, Costa Rica, El Salvador, Guatemala and Nicaragua, that despite the progress achieved, the problem of the commercial sexual exploitation of young persons under 18 years of age still persists in the country. In this respect, the Committee also notes that, in its concluding observations of February 2007 (CRC/C/HND/CO/3), the Committee on the Rights of the Child expressed concern that, despite the measures taken, particularly in terms of legislation, the commercial sexual exploitation of children is common in Honduras and is not only due to poverty and the socio-economic situation prevailing in the country. The Committee considers that the new provisions of the Penal Code improve protection against the commercial sexual exploitation of children and trafficking for this purpose and encourages the Government to redouble its efforts to ensure in practice the protection of young persons under 18 years of age against this worst form of child labour. It requests the Government to provide information on the application of the new provisions in practice, including statistics on the number and nature of infringements reported, investigations carried out, prosecutions, convictions and penal sanctions applied.

Article 6. Programme of action. National Plan of Action on the commercial sexual exploitation of children. The Committee notes that, in the context of the ILO/IPEC subregional project on the prevention and elimination of the commercial sexual exploitation of children, a National Plan of Action to prevent and eliminate the commercial sexual exploitation of children has been developed. It requests the Government to provide information on the programmes of action developed in the context of the implementation of the National Plan of Action and the results achieved.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and assistance for the removal of children from these worst forms. The commercial sexual exploitation of children. 1. ILO/IPEC subregional project. The Committee notes the information contained in the evaluation reports of the
ILO/IPEC subregional project on the prevention and elimination of the commercial sexual exploitation of children in Central America, Panama and the Dominican Republic, according to which around 240 children have been prevented from being the victims of commercial sexual exploitation or have been removed from this worst form of child labour in the country. The Committee strongly encourages the Government to continue its efforts to combat commercial sexual exploitation. The Committee requests the Government to continue providing information on the implementation of the ILO/IPEC subregional project and on the results achieved in terms of: (a) preventing children from becoming victims of commercial sexual exploitation or trafficking for this purpose; and (b) providing the necessary and appropriate direct assistance for the removal of the child victims of these worst forms of child labour and for their rehabilitation and social integration.

2. Tourist activities. In its previous comments, the Committee noted that, according to the information contained in the ILO/IPEC study of 2002 entitled “Commercial sexual exploitation of boys, girls and young persons in Honduras”, 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. As the country has a certain level of tourism, the Committee requests the Government to indicate whether measures have been taken to raise the awareness of actors directly linked to the tourist industry, such as associations of hotel owners, tourist operators, taxi companies and the owners of bars, restaurants and their employees.

Clause (d). Children at special risk. HIV/AIDS orphans. The Committee noted previously 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 noted that, according to the Joint United Nations Programme on HIV/AIDS (UNAIDS), Honduras reports 50 per cent of the cases of HIV/AIDS of the whole of Central America. The Committee notes that, according to the paper entitled AIDS epidemic update, published in December 2006 by UNAIDS and the WHO, the increasing incidence of the virus is a cause for concern. In this respect, the Committee notes that, in its concluding observations of February 2007 (CRC/C/HND/CO/3), the Committee on the Rights of the Child expressed concern at this situation. Noting the seriousness of this situation, the Committee regrets the absence of  information in the Government’s report on this issue. The Committee once again observes that HIV/AIDS has serious consequences for orphans, who are at increased risk of being engaged in the worst forms of child labour, and particularly commercial sexual exploitation. It therefore urges the Government to take the specific time-bound measures taken to prevent child HIV/AIDS orphans from being engaged in the worst forms of child labour and to ensure the rehabilitation and social integration of these children removed from these worst forms.

Clause (e). Special situation of girls. In its previous comments, the Committee noted that, according to the ILO/IPEC study “Commercial sexual exploitation of boys, girls and young persons in Honduras”, activities relating to the commercial sexual exploitation of boys, girls and young persons are linked to international trafficking networks and affect girls in particular. Noting the absence of information on this subject in the Government’s report, the Committee once again requests it to provide information on the manner in which it intends to accord special attention to these girls and remove them from commercial sexual exploitation.

Article 8. International and regional cooperation. Commercial sexual exploitation. The Committee takes due note of the measures adopted in the context of the ILO/IPEC subregional project on the prevention and elimination  of the commercial sexual exploitation of children in Central America, Panama and the Dominican Republic, including awareness-raising campaigns for the public and the media and the holding of a regional seminar bringing together the governments collaborating in the ILO/IPEC project and Interpol agents. The Committee notes that the strengthening of horizontal collaboration between countries participating in the project is planned in the context of the ILO/IPEC subregional project. The Committee is of the view that cooperation between law enforcement agencies, particularly the judicial authorities and police forces, is indispensable 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 to detect and prosecute the individuals involved and to repatriate victims. The Committee therefore hopes that, in the context of the implementation of the ILO/IPEC subregional project on the prevention and elimination of the commercial sexual exploitation of children, the Government will take measures to cooperate with the participating countries and accordingly reinforce security measures, particularly on the common borders with El Salvador, Guatemala and Nicaragua, with a view to bringing an end to this worst form of child labour. It requests the Government to provide information on this subject.

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