Observation (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

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

Autre commentaire sur C182

Observation

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The Committee notes the observations of the Honduran National Business Council (COHEP), received on 31 August 2018, with the support of the International Organisation of Employers (IOE), and the Government’s reply to these observations.

Articles 3(a) and (b) and 7(1) of the Convention. Trafficking of children for commercial sexual exploitation, use of children for prostitution or for the production of pornography or pornographic performances, and the penalties applied. In its previous comments, the Committee noted with concern the low number of convictions in cases of trafficking and sexual exploitation in relation to the total number of investigations and prosecutions. The Committee urged the Government to intensify its efforts to ensure that the trafficking of persons under 18 years of age for commercial sexual exploitation or for their use in prostitution, the production of pornography or pornographic performances gives rise to in depth investigations and robust prosecutions and that sufficiently effective and dissuasive penalties are applied in practice.

The Committee notes the COHEP’s observations, in which it emphasizes that it is not aware whether detailed information exists on the number of investigations conducted, prosecutions initiated and convictions handed down and expresses concern at the level of commitment of the Government in this respect. The Committee notes the Government’s reply to these observations, in which it emphasizes that the Inter-institutional Commission to Combat Trafficking in Persons and Commercial Sexual Exploitation in Honduras (CICESCT) is responsible for statistical data on this subject.

The Committee notes from the Government’s report that the CICESCT is responsible for action to prevent and eradicate the crimes of trafficking in persons and commercial sexual exploitation. It is composed of representatives from 31 government institutions and civil society organizations. According to its statistics, in 2017, a total of 138 complaints were received, for all ages, 29 of which concerned commercial sexual exploitation and 109 related to trafficking in persons. A total of 17 persons were convicted to sentences of from four to 15 years of imprisonment and fines of between 75 and 225 times the minimum wage for acts of trafficking in persons and commercial sexual exploitation, and 90 persons are currently undergoing criminal proceedings. The CICESCT indicates that, of a total of 154 victims detected, the main crimes related to exploitation are procuring (56 victims), begging (31 victims) and sexual exploitation (28 victims). With regard to children and young persons, 32 girls and 25 boys have been victims of trafficking in persons and commercial sexual exploitation. While taking due note of this information, the Committee once again notes the low number of convictions, namely 17 convictions for 138 complaints of trafficking in persons and commercial sexual exploitation and a total of 154 victims detected, without taking into account the number of unreported cases.

The Committee notes the information that the CICESCT received a budget of 6 million Honduran lempiras (HNL) (approximately US$247,000), to combat trafficking in persons and commercial sexual exploitation in 2017, and that this amount has been raised to HNL9 million (or US$370,500) in 2018. The Committee once again urges the Government to intensify its efforts to ensure that the trafficking of persons under 18 years of age for commercial sexual exploitation or for their use in prostitution, the production of pornography or pornographic performances gives rise to in-depth investigations and robust prosecutions and that sufficiently effective and dissuasive penalties are applied in practice. Observing the lack of information disaggregated by age as a basis for a genuine evaluation of the situation of children and young persons in relation to trafficking in persons and commercial sexual exploitation, the Committee requests the Government to provide detailed information, disaggregated by the gender and age of the victims, as well as detailed information on the number of investigations conducted, prosecutions launched and convictions relating to persons under 18 years of age.

Article 7(2). Effective and time-bound measures. Clause (b). Direct and necessary assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking and commercial sexual exploitation. In its previous comments, the Committee noted that the Committee on the Rights of the Child had expressed concern that the Government does not have an adequate programme for the physical and psychological rehabilitation and social integration of child victims of sexual exploitation, who are only provided with care by civil society organizations. Recalling that the 2012 Act to combat trafficking contains exhaustive provisions on the protection, assistance and social rehabilitation of victims of trafficking and commercial sexual exploitation, the Committee requested the Government to take immediate and effective measures for the implementation in practice of action for the provision of comprehensive assistance to children and young persons who have been victims of commercial sexual exploitation and trafficking for that purpose.

The Committee notes from the Government’s report that the Rapid Response Team (ERI), a specialized operational body of the CICESCT responsible for providing assistance to victims of trafficking and sexual exploitation, assisted 105 victims of commercial sexual exploitation in 2017. The unit to combat the trafficking of children and young persons and commercial sexual exploitation assisted 20 victims. All cases of victims under 18 years of age were coordinated with the Directorate of Children, Young Persons and the Family (DINAF), in addition to the 42 children which it assisted without passing through the ERI. Victims under 18 years of age are protected in the temporary centre of the DINAF and other certified centres, where medical and psychological examinations are carried out and in which social and legal support is provided, with the objective of evaluating each case with a view to the adoption of appropriate protection measures.

The Committee notes the ERI’s intervention protocol for the provision of care to victims of trafficking and commercial sexual exploitation, as approved by Decree No. 488-2016. It establishes instructions for the identification of victims, the provision of first aid within the first 72 hours, the corresponding referrals for the provision of comprehensive care and the coordination of the reintegration process. With regard to follow-up, the ERI has also assisted 120 victims through home visits, psychological assistance, legal advice and social assistance support for social integration. Furthermore, the CICESCT and the Ministry of Development and Social Inclusion, through the Government programme Vida Mejor and the Crédito Solidario programme, have provided food bags and loans to a number of victims to help them open small shops. The ERI also works in cooperation with the Ministry of Education for the reintegration of victims into the education system.

The Committee notes that, according to the Government’s report, it has not been able to guarantee 100 per cent quality services and coverage, as service quality in the country is still a challenge. The Committee requests the Government to continue taking measures for the provision of comprehensive assistance to children and young persons who have been victims of commercial sexual exploitation and trafficking for that purpose. It requests the Government to provide detailed information on the number of children who have been removed from trafficking and commercial sexual exploitation and who have benefited from rehabilitation measures, and the results achieved, particularly in the context of the National Plan of Action 2015–20.

Article 8. International and regional cooperation. Commercial sexual exploitation and trafficking for that purpose. In its previous comments, the Committee noted that Honduras was participating in the Regional Coalition to Combat Trafficking and Smuggling of Persons and the Regional Commission with a view to providing and accelerating the exchange of information on the cases reported in the various countries. The Committee requested the Government to provide detailed information on the results achieved in the framework of the implementation of these various agreements, and particularly on the number of children repatriated to their countries of origin.

The Committee notes that the Government continues to be a member of the Regional Coalition to Combat Trafficking and Smuggling of Persons and that, as a result of the choice of the member countries, it is currently presiding over this regional initiative for the period November 2017 to November 2018, with responsibility for the management of the Coalition. The Coalition participated in the development of a protocol on the repatriation of victims of trafficking in persons, which is applicable in the member countries of the Coalition. In 2017, the Coalition focused on a regional diagnosis, the new protocol, the system of surveillance, the coverage of countries without a protocol and national repatriation. The Government indicates that it participated in regional meetings and is a member of the subcommittee for the revision of the Coalition’s strategic, operational and follow-up plan.

The Committee notes the various types of support from which the Government has benefited to combat trafficking in persons and sexual exploitation, such as the strengthening by the United Nations Office on Drugs and Crime (UNODC) of the capacities of officials in first-line services for the provision of immediate assistance to victims of trafficking and sexual exploitation. The International Organization for Migration (IOM) has also provided support to the Government in transferring the victims of trafficking who have returned to Honduras. In this regard, two victims were repatriated from France and Guatemala and reintegrated into their respective families, while six other victims received assistance from the Secretariat for Foreign Relations and International Cooperation with a view to their assisted return from Guatemala, Mexico, Argentina and Belize, all of whom were reintegrated into their families.

The Committee notes that in 2017 direct coordination was established with the police authorities of Belize to conduct investigations in Honduras with a view to strengthening judicial proceedings in the country, and that of four cases of trafficking for sexual exploitation, three gave rise to prosecutions. In 2017, the police in Belize arrested a person responsible for the trafficking of five women of Honduran nationality. That person is currently in preventive detention and has been charged by the public prosecutor of the crime of trafficking of persons under conditions of forced labour and commercial sexual exploitation (No. 136-2017). The Committee notes the Government’s participation in the following regional activities: the Commission of Police Chiefs and Directors of Central America, Mexico, the Caribbean and Colombia; the Regional Action Group of the Americas (GARA) for the “prevention of sexual exploitation of children, in travel and tourism”, an intergovernmental body which promotes action to combat sexual exploitation; and the membership of Honduras in the “We PROTECT Global Alliance” for the protection of children against sexual abuse online. The Committee requests the Government to continue its efforts at the international and regional levels to combat the commercial sexual exploitation of children and their trafficking for that purpose. It requests it to continue providing detailed information on the results achieved in the context of the implementation of these agreements, and particularly on the number of children repatriated to their country of origin, disaggregated by gender, age and nationality.

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