Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Article 3(a) of the Convention and Part III of the report form. Sale and trafficking of children for economic and sexual exploitation, and court decisions. In its previous comments, the Committee noted that the national legislation prohibits the sale and trafficking of children for economic exploitation (sections 206 and 207 of the Penal Code) and also prohibits incitement to prostitution (section 228 of the Penal Code). It further noted the adoption of Act No. 11.106 of 28 March 2005, which amended section 231 of the Penal Code by prohibiting and penalizing the international trafficking of persons for the purposes of prostitution. The Act also inserted section 231-A, which outlaws and penalizes the internal trafficking of persons. However, the Committee noted that, according to an ILO–IPEC report of 2003 on good practices in Brazil, the sexual exploitation of children and young persons was an increasing phenomenon. According to estimates, nearly 500,000 children between nine and 17 years of age were being sexually exploited in the country. The Committee also noted that, according to the 2006 ILO–IPEC report on the project to combat the trafficking of persons, Brazil is a country of transit, origin and destination for the international sale and trafficking of children for prostitution. Girls and boys are also victims of internal trafficking, particularly for exploitation of their work in agriculture, mining and charcoal production.

The Committee notes that the Committee on the Elimination of Discrimination against Women, in its concluding comments of August 2007 on the sixth report of the Government (CEDAW/C/BRA/CO/6, paragraphs 7 and 23), noted with satisfaction the measures taken by the Government against the trafficking of persons but expressed concern at the scale of the phenomenon.

The Committee notes that, according to the information contained in the December 2008 ILO–IPEC report on the Time-bound Programme (TBP) [2008 ILO–IPEC report on the TBP], the Government adopted in 2006 a National Policy to combat the trafficking of persons and, in 2008, a National Plan to combat the trafficking of persons. The Committee notes that both the National Policy and the National Plan provide in particular for the adoption of measures to penalize the crime of trafficking of persons.

The February 2009 Global Report on Trafficking in Persons, published by the United Nations Office on Drugs and Crime (UNODC) [UNODC report on trafficking in persons], states that 530 investigations relating to the crime of trafficking of persons, both internally and across national boundaries, were conducted by the federal and state police between 2003 and 2007, leading to prosecutions in 75 cases. Between 2004 and February 2008, a total of 41 persons (20 men and 21 women) were convicted of this crime by the federal and state courts. According to the UNODC report on trafficking in persons, all the convictions handed down related to sexual exploitation. In 19 cases, the penalties imposed ranged from one to five years’ imprisonment and, in 15 cases, from five to ten years’ imprisonment.

The Committee welcomes the efforts made by the Government to combat the trafficking of persons. However, it is concerned at the information concerning the persistence of the problem on a substantial scale in the country. Furthermore, noting the statistics on the investigations conducted, the prosecutions launched and the convictions handed down for the crime of trafficking of persons in the country, the Committee notes that overall statistics are provided which do not show the situation with regard to children. It also notes that, even though children are the victims of sale and trafficking for both sexual and economic exploitation, the convictions relate only to trafficking for sexual exploitation. The Committee therefore requests the Government to intensify its efforts to ensure the protection in practice of young persons under 18 years of age against the sale and trafficking of children for sexual and economic exploitation. In this respect, it requests the Government to supply information on the application in practice of the provisions of national legislation prohibiting the sale and trafficking of persons under 18 years of age, including, in particular, statistics relating to investigations, prosecutions and penalties imposed. Moreover, in view of the statement indicating the investigation and prosecution of persons, the Committee requests the Government to supply copies of any court decisions issued.

Article 5. Monitoring mechanisms. Reinforcement of labour inspection. The Government indicates in its report that the Ministry of Labour and Employment has modified the functions of the Special Mobile Inspection Group, extending the action taken by labour inspectors to combating child labour and to other related matters, including the commercial sexual exploitation of children. In the context of public information campaigns planned for the World Day Against Child Labour in June 2008, the Government states that the Ministry of Labour and Employment organized inspections targeting child labour throughout the country. These operations enabled 821 children to be removed from their work.

Furthermore, according to the Government’s report, an information system on locations of child labour (SITI) has been established. This information system contains detailed information on locations where child labour, and the worst forms thereof, occurs, in both the formal and informal economies, including information concerning the commercial sexual exploitation of children. This database contributes to the planning of actions by the labour inspectorate, particularly by the regional superintendencies for labour and employment. Noting with interest the measures taken by the Government to strengthen the intervention capacity of the labour inspectorate throughout the country, the Committee strongly encourages the Government to continue its efforts to ensure the success of the labour inspectorate’s activities.

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 their removal from these worst forms of child labour and for their rehabilitation and social integration. Commercial sexual exploitation. Time-bound Programme (TBP). With reference to its previous comments, the Committee notes with interest that, according to the 2008
ILO–IPEC report on the TBP, a total of 723 children (54 boys and 669 girls) have either been prevented from engaging in commercial sexual exploitation or been removed from this worst form of child labour. It also notes that the Sentinel programme which provides psychological and social support to children and young persons who have been the victims of sexual exploitation, is now operating in more than 885 municipalities in the country. Moreover, the Committee notes that the 2006 National Policy for combating the trafficking of persons and the 2008 National Plan for combating the trafficking of persons state, in particular that measures to prevent trafficking and to assist the victims thereof must be adopted in order to reinforce those already in place. The Committee requests the Government to continue to adopt the necessary time-bound measures, in the context of the National Plan and National Policy for combating the trafficking of persons, to prevent young persons under 18 years of age from becoming the victims of commercial sexual exploitation, to remove them from this worst form of child labour and to ensure their rehabilitation and social integration. Finally, the Committee requests the Government to supply information on the results achieved.

Clause (d). Children at special risk. Child domestic workers. The Committee previously noted the indication from the International Trade Union Confederation (ITUC) that, according to the 2004 ILO–IPEC study, there are over 500,000 child domestic workers in Brazil. Many of them are extremely vulnerable to exploitation and work under conditions prohibited by the Convention. These children, particularly the girls, do not attend school, and the school attendance rate for girls in general is very low. Over 88 per cent of child domestic workers begin working before the minimum age for admission to employment, normally at five or six years of age. The ITUC also pointed out that the national legislation contains provisions applicable to child domestic labour but a clear legal framework would be necessary to end this form of exploitation of children. It also underlined the fact that, since these children work in private houses, where it is very difficult to monitor them, it is important to change public attitudes to child domestic work. In this respect, the Committee noted the information from the Government to the effect that the characteristics of domestic work prevent the labour inspection services from carrying out inspections directly in private houses. The Committee further noted that discussions have been held concerning the inclusion of this form of child labour on the list of activities considered to be hazardous.

The Committee takes due note of  the Government’s statement that, under the terms of Decree No. 6.481 of 12 June 2008, child domestic labour is now regarded as one of the worst forms of child labour and is prohibited for any person under 18 years of age. The Government also indicates that it is impossible for labour inspectors to carry out inspections in private houses because this would amount to trespassing. The Committee notes that, according to the 2008
ILO–IPEC report on the TBP, a sectoral plan on domestic workers (Planseq) has been implemented to support this category of workers and inform them of their rights. In view of the Government’s statements, the Committee requests the Government to supply information on the time-bound measures taken to implement Decree No. 6.481 of 12 June 2008, which prohibits the employment of young persons under 18 years of age as domestic workers, and in particular to prevent the engagement of children in the worst forms of child labour and provide the necessary and appropriate direct assistance for their removal from the worst forms of child labour and for their rehabilitation and social integration.

Finally, with regard to the work to bring the national legislation into conformity with Conventions Nos 138 and 182, the Committee notes the Government’s indication to the effect that this is still in progress. It expresses the hope that the issues raised above and also those contained in the direct request will be taken into account in the context of this work to bring the national legislation into conformity with Conventions Nos 138 and 182 and requests the Government to supply information on all progress made in this respect.

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