Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Costa Rica (Ratification: 2001)

Autre commentaire sur C182

Observation

Demande directe

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The Committee notes the observations of the Costa Rican Federation of Chambers and Associations of Private Enterprise (UCCAEP), which were received on 7 August 2014, as well as the observations of the Confederation of Workers Rerum Novarum (CTRN), which were received on 3 September 2014.

Articles 3(a) and (b) of the Convention and Part III of the report form. Sale and trafficking of children for commercial sexual exploitation, the use, procuring or offering of a child for prostitution and court decisions. The Committee previously noted that the Committee on the Rights of the Child (CRC) expressed concern at the fact that the trafficking of children for sexual exploitation and the smuggling of migrants, including children, continued to be a serious problem in the country, including in tourism, and that the practice of purchasing sexual services from children was still socially acceptable.

The Committee notes that, according to the observations of the CTRN, Act No. 9095 Against Human Trafficking, which establishes the National Coalition against Illicit Trafficking of Migrants and Human Trafficking (CONATT) and was adopted on 8 February 2013, has not been implemented and, therefore, child victims of trafficking remain at risk.

The Committee notes the Government’s latest report, which makes reference to the 2010–20 Roadmap for the Prevention and Eradication of Child Labour and its Worst Forms (the Roadmap), which was developed in coordination with the ILO–IPEC. The Government indicates that the Roadmap aims to address the trafficking of children and commercial sexual exploitation as worst forms of child labour, which falls under the responsibility of the National Foundation for Children (PANI) and the National Directorate of Migration and Aliens (DNME). The Committee further notes that, according to the Roadmap, the National Council against the Commercial Sexual Exploitation of Children and Adolescents (CONACOES) has established a strategic plan that incorporates child and adolescent labour.

The Committee also notes with interest the Government’s reference to Act No. 9095, which, under section 2(g), expressly recognises the high priority given to young persons involved in trafficking and stipulates, under section 37(l), that child victims of trafficking crimes have the right, in addition to those rights set out for all crime victims, to be reintegrated with their families or community, whichever is in their best interest. The Committee further notes that section 42 of Act No. 9095 provides specific provisions for young persons, including subsections (g) and (h), which call for special investigative and judicial proceedings, and that sections 74 and 75 revise the Penal Code to increase penalties with respect to the trafficking of young persons.

While noting the Government’s measure to tackle the trafficking of children for sexual exploitation, the Committee notes that the Government has not provided information concerning the strengthening of its prosecutions of persons who engage in the sale and trafficking of children for commercial sexual exploitation and in the use, procuring or offering of children for prostitution. In this respect, the Committee notes the Government’s statistical information which indicates that, from 2011 to 2013, the number of child victims of commercial sexual exploitation who were provided assistance decreased from 75 to 33, the number of child victims identified and represented in administrative proceedings decreased from 75 to 35, and the number of judicial proceedings decreased from 53 to 19 during this period. Noting that the number of child victims of commercial sexual exploitation who receive assistance and are represented in judicial proceedings is decreasing despite its prevalence in the country, the Committee requests the Government to continue to strengthen its efforts to ensure the continuance of thorough investigations and robust prosecutions of persons who engage in these crimes, as well as to ensure that assistance is provided to these children in all cases. It also requests the Government to provide information on the measures taken to implement the provisions of Act No. 9095 regarding child victims of trafficking, including the number of investigations, prosecutions and convictions, and the duration of the sentences imposed in this respect.

Article 5. Monitoring mechanisms. Labour inspection. In its previous comment, the Committee noted that, according to the observations of the CTRN, the budgetary and human resources of the National Directorate of Labour Inspection are insufficient and do not allow it to operate properly. According to the CTRN, in nine of the 31 regional inspection offices, there was only one labour inspector in charge of the office. According to the information provided by the CTRN in 2014, the situation remains the same as it had in 2010. The CTRN alleges that there is no planning or coordination between PANI and the National Directorate of Labour Inspection concerning child and adolescent labour.

The Committee notes the Government’s indication that the Ministry of Labour and Social Security continues to take measures to strengthen the National Directorate of Labour Inspection and that, as of 2014, there were 156 personnel, including 104 inspectors and coordinators, and six regional leaders. The Committee refers to its 2013 comments to the Government under the Labour Inspection Convention, 1947 (No. 81), concerning an assessment of the needs of the labour inspectorate, which was carried out in 2012 with ILO technical assistance. Recalling that the problem of child trafficking can often stem from a lack of effective monitoring and enforcement of the legislation, the Committee requests the Government to continue to strengthen its labour inspection system in line with the recommendations contained in the assessment.

Article 6. Programmes of action. The Committee notes that, according to the observation of the UCCAEP, national enterprises have committed to the Roadmap and have been using the guide on child labour that was developed under the Roadmap.

The Committee also notes the Government’s indication that elements to prevent and combat the worst forms of child labour have been included within the six objectives of the Roadmap. The Committee notes that these objectives concern: (i) combating poverty as a contributor to child labour; (ii) preventing and rehabilitating the health complications concerned in the worst forms of child labour; (iii) educating all children and, in particular, those at risk of involvement in labour activities that infringe on their right to education; (iv) sustaining the fight against child labour and its worst forms; (v) further sensitizing the community concerning the effects of child labour and its worst forms; and (vi) developing a nationally integrated system of information on child labour. The Government indicates that, pursuant to the “Delphos” information programme, which was developed with ILO assistance to track the progress of the Roadmap, the Roadmap achieved 90.62 per cent of its plan of action in 2013. The Committee requests the Government to continue to provide information on the implementation of programmes and measures under the six objectives of the Roadmap, as well as any statistical information gathered under the nationally integrated system of information on child labour.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing children from becoming engaged in the worst forms of child labour. 1. Trafficking of children and commercial sexual exploitation of children. Further to its previous comment, the Committee notes the Government’s indication that the trafficking and sexual exploitation of children and adolescents is an integral theme contained in the Roadmap to which all concerned institutions have committed. The Government states that PANI, under the Roadmap, has been working with the other institutions that are involved in the prevention of child trafficking and commercial sexual exploitation in order to develop a manual for officials that will provide guidance on the necessary actions to guarantee the protection of young persons and prevent their re-victimization. The Committee further notes the additional measures described in the Government’s report, including the collaboration between PANI and UNICEF to publish several protocols concerning the attention and protection to be given to child victims of trafficking. While noting the Government’s efforts to strengthen its protection of child victims of trafficking, the Committee requests the Government to provide detailed information concerning any effective and time-bound measures it has taken, including within the context of the Roadmap, to ensure the prevention of children from becoming engaged in trafficking and commercial sexual exploitation. The Committee also requests the Government to continue to provide information concerning the development and impact of the manual for officials.

2. Tourist activities. The Committee notes with interest the Government’s information concerning the activities of the Costa Rican Institute for Tourism (ICT) to strengthen the capacity of, and assistance to, touristic enterprises to abide by the code of conduct for the protection of boys, girls and adolescents against commercial sexual exploitation in the tourist sector. In this respect, the ICT carried out capacity-building programmes in the North Caribe, South Guanacaste, Central Pacific and Central Valle regions, which involved 115 enterprises (approximately ten enterprises per activity) and 305 owners or collaborators. The Committee also notes with interest that, pursuant to section 69 of Act No. 9095, the Penal Code has been amended to increase penalties for sex tourism.

Clauses (a) and (c). Preventing the engagement of children in the worst forms of child labour and ensuring access to free basic education for all children removed from the worst forms of child labour. Free basic education. The Committee recalls its previous comment which noted that the Avancemos (Let’s Move Forward) programme targets mainly young persons in a situation of poverty, vulnerability or exclusion and aims to promote their continued attendance or reintegration into formal education at the secondary level.

The Committee notes the observations of the CTRN, which alleges that neither the Avancemos programme nor the National Scholarship Fund (FONABE) has effectively increased attendance in education. With reference to the results of the 2009–10 investigative report on the academic drop-out rate in secondary education in Costa Rica, the CTRN highlights the problem of low attendance in the secondary school system, particularly in certain regions such as Liberia and Upala and in rural zones. The CTRN indicates that, while economic funds are available for these children, issues such as bureaucracy and corruption prevent the efficient distribution of those funds in time to be of assistance.

The Committee notes the Government’s explanation that the Avancemos programme is a conditional cash transfer programme that is, in part, linked to access to education and the universalization of secondary education. The Government states that, in 2013, the Avancemos programme benefited 133,212 adolescents between the ages of 12 and 17 years and removed 95 young persons between the ages of 12 to 14 years from the worst forms of child labour. The Committee also notes the Government’s information concerning Decree No. 34531, which contains programmatic measures to improve the quality of education in marginal urban communities (PROMECUM), indigenous territories and other schools in less-developed territories. The Committee requests the Government to continue to strengthen its efforts to improve the functioning of the education system through the Avancemos programme and to increase the school attendance rate at the secondary level. It also requests the Government to continue to provide information on the results achieved in the context of the Avancemos programme and the FONABE, including the number of children removed from the worst forms of child labour who have been reintegrated into the education system under these programmes.

Article 8. International cooperation and assistance. Trafficking for the purpose of commercial sexual exploitation. The Committee previously noted that as part of its activities, PANI takes care of children who have been brought into the country, particularly from Nicaragua, accommodates them in its centres and organizes the return of these children to their families by contacting the competent authorities.

The Committee notes the observation of the CTRN, which makes reference to the issue of children who have migrated from Nicaragua, unaccompanied and unprotected, and who are merely deported and remitted into the Nicaraguan institutions by PANI and other migrant authorities.

The Committee notes the Government’s information concerning a bipartite commission that is mandated to coordinate and create tools to, among others, address the efficient and effective protection of young migrants, as well as its indication that Costa Rica is the technical secretary for the Regional Coalition against Human Trafficking and the Illicit Trafficking of Migrants. The Government also refers to Act No. 9095 which, under section 42, specifically addresses the special needs of young persons, including the identification of the country of origin and repatriation of foreign victims. The Committee further notes the Government’s statistical information that, in 2013, 42 child victims were repatriated. The Committee requests the Government to provide detailed information on the activities carried out by the bipartite commission, particularly concerning its international cooperation and assistance activities. The Committee also requests the Government to provide information concerning the measures taken by PANI to protect and repatriate young migrants, as well as to continue to provide statistics on the number of child victims detected and repatriated to their country of origin.