Demande directe (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. Following its previous comments, the Committee notes the adoption of the Law against Trafficking in Persons and Related Activities (No. 79 of 2011) on 9 November 2011, which provides for aggravated penalties in cases where the victim is a child under 18 years of age and in some cases even more severe penalties in cases where the victim is a child under 14 years of age (sections 60 and 63). The new Law further strengthens the National Policy against Trafficking and provides for a comprehensive coverage of the issue, including the establishment of a National Action Plan against Trafficking in Persons and several measures to protect and reintegrate victims. The Committee notes the Government’s information that only one case of child trafficking for sexual exploitation was investigated between 2011 and 2012, and two persons sentenced to five years imprisonment in 2009. The Government indicates that the Secretariat of the National Committee for the Prevention of Sexual Exploitation Crimes (CONAPREDES) is collecting information from the Office of the Public Prosecutor and the judiciary on sanctions applied in 2011 and 2012. The Committee, however, notes that the Government’s report does not provide information on child trafficking for labour exploitation. The Committee therefore requests the Government to provide information in its next report on the practical application of the provisions of Law No. 79 of 2011, especially statistics on the number of investigations carried out, prosecutions and penal sanctions imposed for the sale and trafficking of children for sexual and labour exploitation.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography and for pornographic performances. Further to its previous comments, the Committee notes the Government’s information that seven cases of paid sexual relations with minors, 66 cases of child pornography and 191 cases of corruption of minors were investigated between 2011 and 2013. The Committee notes that, in 2009, five persons were convicted for pimping and one person for child pornography. The Committee requests the Government to provide in its next report updated information on the number of investigations carried out, prosecutions, convictions and penal sanctions applied for child pornography and use, procuring or offering of a child for prostitution.

Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee noted that section 318 of the new Penal Code, as amended by Act No. 26 of 21 May 2008, punishes anyone who trades, purchases, sells or transfers drugs by penalties of up to 30 years’ imprisonment, when a child under 18 years is used to commit the offence. Considering that the Government’s report contains no information on this point, the Committee again requests the Government to provide information on the practical application of section 318 of the Penal Code, including statistics on the number and nature of the violations reported, investigations carried out, prosecutions, convictions and penal sanctions applied.

Articles 5 and 7(1). Monitoring mechanisms and effective application of the Convention. Labour inspectorate. In its previous comments, the Committee noted that while the number of violations detected by the labour inspectorate was quite high between 2006 and 2008 (1,830 cases), the number of cases in which penalties were applied was low (eight cases).

The Committee notes from the information provided by the Government in its report that the Ministry of Labour (MITRADEL) established the National Bureau against Child Labour and for the Protection of Adolescent Workers (DIRETIPPAT), which is in charge of overseeing labour inspections and carrying out programmes for children, parents and employers with the objective of eliminating child labour. The Committee notes that the number of labour inspectors has increased and that inspectors receive continuous training on child labour and its worst forms by the DIRETIPPAT; at least one national training session is carried out per year. It further notes that in 2010, 1,020 visits were carried out by the labour inspectorate to detect cases of child labour and, in 2011, this number increased to 2,534 inspections. Although a total of 1,596 violations were reported, only four penalties were applied in 2010 and three penalties in 2011.

The Committee notes that the Committee on the Rights of the Child (CRC) in its concluding observations of 21 December 2011 expressed concern that the country has no effective labour inspection system and other mechanisms to protect children who work and who do not have an identification document or legal identity (CRC/C/PAN/CO/3-4, paragraph 66). It further notes that the objective of the ILO–IPEC project “Building effective policies against child labour in Ecuador and Panama” which started operations in early 2013 is to improve public policies and law enforcement in combating child labour and includes a focus on strengthening the labour inspectorate.

The Committee recalls again that, by virtue of Article 7(1) of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions of the Convention, including through the provision and application of sufficiently effective and dissuasive penal sanctions. The Committee, therefore, requests the Government to take the necessary measures to strengthen the capacity of the law enforcement agencies, in order to ensure that the perpetrators are prosecuted and that sufficiently effective and dissuasive penalties are imposed. It requests the Government to provide information on the results achieved in this regard, in particular through the ILO–IPEC project.

Articles 6 and 7(2). Programmes of action and 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 of child labour. 1. National Action Plan against Trafficking in Persons (2012–17). The Committee takes due note of the adoption of the Executive Decree No. 464 of 2 July 2012 approving the National Action Plan against Trafficking in Persons. It notes that the main objective of this action plan is to better coordinate actions to prevent and combat trafficking in persons at the national level. The main strategies and goals include: (i) prevention; (ii) protection and assistance to victims; (iii) investigation and prosecution; and (iv) international and national cooperation. A National Commission against Trafficking in Persons has been established to implement and monitor the action plan, bringing together governmental institutions, including the National Office for Children and Young Persons (SENNIAF), non-governmental organizations (NGOs) and civil society actors. The Committee also notes that the SENNIAF participated in the drafting of a manual on identifying and providing assistance to victims of trafficking. The Committee requests the Government to provide information on the measures taken and results obtained within the framework of the National Action Plan for the removal, rehabilitation and social integration of child victims of trafficking.

2. National Plan for the prevention and eradication of child labour and the protection of young workers (2007–11). The Committee notes the Government’s indication that in order to achieve the objectives established in the Decent Work Hemispheric Agenda of eliminating the worst forms of child labour by 2015 and eliminating child labour by 2020, the Government has adopted, in addition to the roadmap, a national plan to fight child labour. The plan sets out the following nine strategic steps: (1) strengthen the efforts of the MITRADEL; (2) establish six working groups corresponding to the six dimensions of the roadmap mentioned above; (3) create 14 regional directorates and agencies against child labour and for the protection of young workers; (4) strengthen the labour inspectorate through the signing of a protocol on assistance, prevention and sanctions for the eradication of child labour; (5) take steps to ensure that the National Assembly harmonizes national laws with international Conventions; (6) provide direct assistance programmes to eradicate child labour focusing on vulnerable areas and regions with a high concentration of child labour; (7) promote the criminalization of the recruitment of child labour in hazardous works; (8) coordinate institutionally the follow-up to child labour cases; and (9) promote international cooperation to eradicate child labour. According to the Government’s information, in 2011, a total of 2,151 children benefited from the assistance of the Committee for the Eradication of Child Labour and the Protection of Adolescents Workers and 1,195 grants were distributed. In 2012 and 2013, the SENNIAF assisted a total of 1,882 children engaged in child labour. Taking due note of the measures taken by the Government under the various action programmes, national plans and roadmap, the Committee encourages the Government to continue to take effective and time-bound measures to prevent children from becoming engaged in, as well as to remove them from, the worst forms of child labour and ensure their rehabilitation and social integration. It requests the Government to continue providing information on the results achieved by the SENNIAF in this respect.

Article 7(2). Clause (d). Children at special risk. 1. Children from indigenous and Afro-descendant communities. The Committee notes that according to the 2010 child labour survey, 7 per cent of children aged 5 to 17 years are engaged in employment, and that this rate rises to 35 per cent among the indigenous population. The survey also finds that the national enrolment rate for secondary education is 67 per cent compared with 39 per cent for the Ngäbe Bulgé comarca region, an area with a high concentration of indigenous peoples.

The Committee notes that the CRC, in its concluding observations of 21 December 2011, also expressed concern that children belonging to indigenous groups and Afro–Panamanian children from poorer areas suffer cumulative disadvantages and discrimination with regard to access to health care, education and other basic services (CRC/C/PAN/CO/3-4, paragraphs 33 and 80). The Committee notes that the ILO–IPEC project “Building effective policies against child labour in Ecuador and Panama” also includes a focus on indigenous peoples and Afro descendants. Considering that children of indigenous peoples and of Afro descendants are particularly vulnerable to the worst forms of child labour, the Committee requests the Government to take effective and time-bound measures to protect these children from the worst forms of child labour, including through ensuring their access to secondary education, and providing for their rehabilitation and social integration. The Committee requests the Government to provide information on the results achieved, including through the abovementioned ILO–IPEC project.

2. Child domestic workers. Further to its previous comments, the Committee notes that 37 denunciations have been received regarding child domestic workers. Noting that the Government’s report contains no information on measures taken to protect child domestic workers from the worst forms of child labour, the Committee reiterates its request to the Government to provide information on this point.

Application of the Convention in practice. Following its previous comments, the Committee notes that according to the 2010 child labour survey, 7 per cent of children aged 5 to 17 years are engaged in employment (60,702 children), of which 25.2 per cent are girls and 74.8 per cent are boys. The Committee notes with interest that this figure represents a decrease of 29,065 children compared to 2008 when it was found that 89,767 children aged 5 to 17 years worked. Labour is concentrated in agriculture mostly taking the form of unpaid family work (57 per cent). The Committee furthermore notes that according to the report of June 2012 on the ILO–IPEC project entitled “Eliminating child labour in Latin America (Phase IV),” the National Institute of Statistics and Census started preparations for the fourth poll on child labour to be undertaken in October 2012. The Committee requests the Government to continue providing statistics and information disaggregated by age and gender in its future reports on the nature, extent and trends of the worst forms of child labour.