Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Article 3, clauses (a) and (b), of the Convention and Part III of the report form. Sale and trafficking of children for commercial sexual exploitation; use, procuring or offering of a child for prostitution; court decisions. In its previous comments the Committee noted that, under section 172 of the Penal Code, any person who encourages, facilitates or assists persons, whether male or female, to enter or leave the country for the purposes of prostitution or to maintain them in sexual or economic slavery shall be penalized. The Committee notes with interest the adoption of Act No. 8590 of 18 July 2007 on reinforced measures to combat the sexual exploitation of minors through amendments and additions to various sections of the Penal Code, Act No. 4573, and amendments to certain sections of the Code of Criminal Procedure, Act No. 7594 (Act No. 8590 of 18 July 2007). It notes that, under the terms of section 160 of the Penal Code, as amended by Act No. 8590 of 18 July 2007, any person who pays, or promises to pay or give an economic or other consideration to a minor to engage in a sexual or erotic act, or to a third party with a view to making a minor engage in a sexual or erotic act, shall be penalized. In addition, section 171 of the Penal Code, as amended by Act No. 8590 of 18 July 2007, lays down penalties for the crime of procuring.

However, the Committee notes that the Committee on the Rights of the Child (CRC), in its concluding observations on the Government’s initial report of May 2007 under the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (CRC/C/OPSC/CRI/CO/1, paragraphs 20 and 22), expressed concern at the fact that the trafficking of children for sexual exploitation and the smuggling of migrants, including children, continue to be a serious problem in the country. The CRC also expressed concern at the fact that the practice of purchasing sexual services from children is still socially acceptable and that Costa Rica is becoming an increasingly popular destination for sex tourism.

The Government indicates in its report that, according to information from the National Foundation for Children (PANI), foreign children, particularly from Nicaragua, have been found in the border areas, particularly adjoining Nicaragua. These children are brought into the country on the pretext of meeting family members. The Government also indicates that the courts have sentenced five persons for various crimes connected with commercial sexual exploitation, including prostitution, to prison terms ranging from 16 to 30 years. The Committee notes that, according to the September 2008 report on the ILO/IPEC subregional project entitled “Contribution to the prevention and elimination of the commercial sexual exploitation of children in Central America, Panama and the Dominican Republic” (ILO/IPEC project on the prevention and elimination of the commercial sexual exploitation of children), eight cases connected with the commercial sexual exploitation of children are under investigation.

The Committee notes that, even though the legislation conforms to the Convention on this point, the scale of the commercial sexual exploitation of children, including the sale and trafficking of children to this end and prostitution, appears to be substantial. The Committee expresses its concern at the information confirming the existence of these worst forms of child labour in the country. The Committee requests the Government to continue taking measures to ensure the protection of young persons under 18 years of age against the commercial sexual exploitation of children, including by ensuring that the perpetrators are vigorously investigated and prosecuted. It requests the Government to provide information on the application of the provisions of the Penal Code prohibiting these worst forms of child labour in practice, including, in particular, statistics on prosecutions, convictions and the criminal penalties imposed. The Committee also requests the Government to supply copies of any court decisions issued pursuant to the provisions of the Penal Code.

Article 4, paragraph 1. Determination of the list of types of hazardous work. With reference to its previous comments, the Committee notes the Government’s indication that the draft Act on the prohibition of hazardous and insalubrious work for young workers is currently being examined by the Legislative Assembly. The Committee expresses the firm hope that this Act will be adopted in the near future and requests the Government to supply a copy, once it has been adopted.

Article 6. Programmes of action. With reference to its previous comments, the Committee duly notes the detailed information contained in the Government’s report on the programmes of action implemented to eliminate child labour, including the worst forms thereof. It also notes that the second “National Plan of action for the prevention and elimination of child labour and the special protection of young workers” was revised and reformulated in 2007, so as to bring it into line with the Government’s new policies, particularly the National Development Plan (2006–10). One of the components of the National Plan of Action, as reformulated, is to eliminate the engagement of children in hazardous work and the worst forms of child labour. The Committee requests the Government to supply information on the measures taken under the “National Plan of Action for the prevention and elimination of child labour and the special protection of young workers”, to eliminate the engagement of children in hazardous work and the worst forms of child labour. It also requests the Government to provide information on 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 to remove them from the worst forms of child labour. 1. ILO/IPEC project on the prevention and elimination of the commercial sexual exploitation of children. With reference to its previous comments, the Committee notes with interest that, according to the September 2008 report on the ILO/IPEC project on the prevention and elimination of the commercial sexual exploitation of children, between March and August 2008, out of a total of 42 children who benefited from the project, 28 were prevented from becoming victims of commercial sexual exploitation or trafficking to this end and 14 were removed from these worst forms of child labour. The Committee also notes that these children were either reintegrated in the formal or informal school system or received training of another kind.

The Committee duly notes the information supplied by the Government to the effect that a “National Plan for the elimination of the commercial sexual exploitation of boys, girls and adolescents (2008–10)” has been adopted. It notes that this Plan comprises five strategic components, namely awareness-raising and communication, training, direct assistance to victims, research, and monitoring and evaluation. The Committee requests the Government to provide information on the impact of measures taken under the ILO/IPEC project on the prevention and elimination of the commercial sexual exploitation of children and the results achieved. With regard to the “National Plan for the elimination of the commercial sexual exploitation of boys, girls and adolescents (2008–10)”, the Committee requests the Government to supply information on the specific time-bound measures taken, as part of the implementation of the Plan, to ensure the rehabilitation and social integration of children who have been removed from these worst forms of child labour.

2. Tourist activities. The Committee duly notes the Government’s indication that a code of conduct for the protection of boys, girls and adolescents against commercial sexual exploitation in the tourist sector has been drawn up. It also duly notes that a large number of tour operators, car hire companies, taxi companies and members of the national hotels association have undertaken to apply the code of conduct and to formulate and publish a set of ethical criteria to be applied to this problem. In view of the information to the effect that Costa Rica is becoming an increasingly popular destination for sex tourism, the Committee urges the Government to continue its efforts to raise the awareness of all players connected with the tourist industry in order to eliminate the commercial sexual exploitation of children.

Article 8. International cooperation and assistance. Trafficking for the purpose of commercial sexual exploitation. In its previous comments, the Committee noted that the ILO/IPEC project on the prevention and elimination of the commercial sexual exploitation of children provides for the strengthening of horizontal cooperation among the countries participating in the project. The Committee notes that, according to the information contained in the Government’s report, the PANI, as part of its activities, takes care of children who have been brought into the country, particularly from Nicaragua, and accommodates them in its centres. In addition, in order to organize the return of these children to their families, it establishes contact with the competent authorities. The Committee also notes that, according to the September 2008 report on the ILO/IPEC project on the prevention and elimination of the commercial sexual exploitation of children, Costa Rica and Panama signed a coordination agreement on 23 May 2008 with regard to procedures for the repatriation of children and young persons between the two countries. The Committee requests the Government to provide information on the activities of the PANI, indicating in particular the number of child victims of trafficking who have been detected, intercepted and returned to their country of origin. The Committee also requests the Government to supply information on the measures taken as part of the implementation of the coordination agreement with regard to procedures for the repatriation of children and young persons between the two countries, to ensure the rehabilitation and social integration of children who have been removed from trafficking for the purposes of commercial sexual exploitation within their country of origin.