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Worst Forms of Child Labour Convention, 1999 (No. 182) - Honduras (RATIFICATION: 2001)

Other comments on C182

Observation

Direct Request

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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.

Article 6 of the Convention. Programmes of action to eliminate the worst forms of child labour. In its previous comments, the Committee noted the adoption of Executive Decree No. PCM-057-2015 establishing the National Committee for the Progressive Elimination of Child Labour in the new Government structure, under the presidency of the Secretariat of State for Labour and Social Security (STSS), with the objective of preparing, monitoring, evaluating and ensuring the implementation of the National Plan of Action, the public policy and the road map to make Honduras a country free of child labour and its worst forms. The Committee requested the Government to continue providing information on the specific measures adopted and the results achieved through the implementation of the road map for the eradication of child labour, including its worst forms.

The Committee notes the observations of the COHEP, according to which the Plan of Action for the Eradication of Child Labour 2016–20 has been implemented jointly with the Government. Various awareness-raising, training, rehabilitation and food and financial support activities have been planned and undertaken by enterprises in the coffee, sugar and melon sectors.

The Committee notes from the Government’s report that the strategic objective of the National Plan of Action is the removal of children and young persons between 5 and 17 years of age from any work activity, with priority being given to children involved in the worst forms of child labour and those engaged in hazardous types of work. The Government refers in its report to the amendment of section 8 of the Regulations on child labour by Decree No. 125-2015, published in the Gaceta on 28 January 2017, which adapts the list of hazardous types of work to national conditions.

The Committee notes that the National Chamber of Tourism is promoting the signature of a code of conduct to combat the commercial sexual exploitation of girls, boys and young persons through the register of the various tourist enterprises in the country, and that 230 enterprises have adhered. Several activities have been carried out by the Inter-Institutional Commission to Combat Trafficking in Persons and Commercial Sexual Exploitation and by local committees, including campaigns for the denunciation of trafficking in persons and commercial sexual exploitation, as well as awareness-raising and training activities in accordance with the strategic plan of the road map.

The Committee also notes the Plan of Action of Honduras within the Central American Free Trade Agreement, which refers to child labour, with a view to taking the issue into account in enterprises in the melon, coffee and lobster sectors, which is making it possible for labour inspectors to verify child labour during production processes. The Committee requests the Government to continue providing information on the specific measures adopted and the results achieved through the implementation of the road map for the eradication of child labour, including its worst forms, and the Plan of Action for the Eradication of Child Labour 2016–20.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. 1. Children orphaned or vulnerable due to HIV/AIDS. In its previous comments, the Committee noted the absence of information provided by the Government on the increasing incidence of HIV/AIDS, which has particularly serious consequences for orphans, who are more exposed to the worst forms of child labour. The Committee was bound to request the Government once again to intensify its efforts to prevent child HIV/AIDS orphans from being engaged in the worst forms of child labour and to ensure the rehabilitation and social integration of those involved, particularly through education. It requested the Government to provide information of the specific measures taken in that respect.

The Committee notes from the Government’s report that 37 comprehensive health centres out of the 52 centres in the country offer care capacities for persons living with HIV/AIDS. A total of 1,126 children under 19 years of age have been treated in these various centres. The Government emphasizes that documents setting out good practices are being prepared, including the manual on comprehensive care for adults and young persons living with HIV/AIDS, and the manual for comprehensive care for girls and boys. While noting the efforts made by the Government to ensure that vulnerable children living with HIV/AIDS receive care in adequate care centres, the Committee requests it to pursue its efforts to prevent child HIV/AIDS orphans from being engaged in the worst forms of child labour and to ensure the rehabilitation and social integration of those involved, particularly through education. The Committee once again requests the Government to provide information on the specific measures adopted in this respect.

2. Street children. In its previous comments, the Committee noted the Government’s statement during the examination of its report by the Committee on the Rights of the Child, according to which the 2014 statistics show that there are around 5,000 street children in Honduras. The Committee urged the Government to take the necessary measures to protect street children from the worst forms of child labour and to provide information on the number of children removed from the streets and who have benefited from rehabilitation and social integration measures.

The Committee notes from the Government’s report that the Directorate for Children, Young Persons and the Family (DINAF), through the programme for protection and restitution of the rights of girls, boys and young persons, has undertaken monthly activities for street children and engaged in friendly and inter disciplinary follow-up action in the streets in order to obtain information on the living conditions of these children and their needs. At the same time, these meetings inform and raise the awareness of parents concerning the legal, social and psychological implications of children being in the streets. The DINAF, in collaboration with other institutions, has undertaken support operations for vagrant and begging children in the streets and in night centres. However, the DINAF indicates that it does not have information on the number of street children, although a consultation has been initiated in collaboration with UNICEF to establish a special protection system which will permit the registration and comprehensive care for street children. The Committee once again requests the Government to take the necessary measures to protect children in street situations against the worst forms of child labour and to provide information on the number of children removed from the streets and who have benefited from rehabilitation and social integration measures. The Committee requests the Government to provide detailed information on the special protection system and its implementation in future, when it is operational.

3. Indigenous children. In its previous comments, the Committee noted the Government’s indication that a study on indigenous children had been undertaken jointly with UNICEF in 2013. However, the Government did not provide any information in its report on the findings or on the measures taken to protect indigenous children against the worst forms of child labour. The Committee noted that, according to its 2015 concluding observations (CRC/C/HND/CO/4-5, paragraph 77), the Committee on the Rights of the Child remained concerned at the persistent practice of child labour, including its worst forms, among indigenous children and children of African descent. The Committee reiterated its request for an intensification of efforts to protect these children against the worst forms of child labour. In this respect, it requested the Government to take the necessary measures and to provide information on the results achieved in this field, particularly in the context of the study conducted with UNICEF.

The Committee notes from the Government’s report the programme Vida Mejor and the Plan 20/20 system of grants, coordinated by the Directorate for Indigenous Peoples and Peoples of African Descent (DINAFROH). The Vida Mejor programme consists of organizing cash transfers conditioned to school attendance for families living in extreme poverty with children and young persons, with a view to increasing school enrolment and attendance. The programme of study grants has benefited 200 students of various ethnic origins, including Misquito, Garífuna, Pech, Tolupan and Maya chorti. However, the Committee notes the Government’s indication that child labour remains a cultural practice, even though awareness is being created concerning the implications and effects of child labour. Recalling once again that the children of indigenous peoples are often the victims of exploitation, which takes on very diverse forms, and that these children are particularly exposed to the risk of becoming engaged in the worst forms of child labour, the Committee urges the Government to intensify its efforts to protect these children against the worst forms of child labour. In this regard, it once again requests the Government to take the necessary measures and to provide information on the results achieved in this field, particularly in the context of the study undertaken with UNICEF. Please provide data disaggregated by gender, age and nationality.

Clause (e). Special situation of girls. Child domestic workers. In its previous comments, the Committee noted that a large number of children, mainly girls, are engaged in domestic work and it requested the Government to take effective measures in that respect. The Committee requested the Government to take immediate and effective measures to protect children engaged in domestic work against the worst forms of child labour, taking into account the special situation of girls.

The Committee notes from the Government’s report that the Directorate of the General Labour Inspectorate, from the entry into force of the amendment to the Act on inspection (Decree No. 178-2016), has started to engage in operations to combat domestic work by girls and boys, more specifically in the large cities of Honduras. The Committee notes that in 2017 the Government identified the presence of ten children involved in informal jobs and seven children involved in the worst forms of child labour, without however indicating the number of children engaged in domestic work. The Committee therefore requests the Government to take immediate and effective measures to protect children engaged in domestic work against the worst forms of child labour, taking into account the special situation of girls. It requests the Government to provide information on the measures adopted and the results achieved in this respect, with an indication of the number of children engaged in domestic work who have been removed from situations of the worst forms of child labour and have benefited from rehabilitation and social integration measures.

Article 8. International and regional cooperation. Action to combat poverty. In its previous comments, the Committee noted that, according to its 2014 concluding observations (CERD/C/HND/CO/1-5, paragraph 7), the Committee on the Elimination of Racial Discrimination noted that 88.7 per cent of indigenous children and children of African descent are poor, and 78.4 per cent are extremely poor. The Committee requested the Government to take the necessary measures to achieve an effective reduction of poverty among children at risk of being engaged in the worst forms of child labour, and particularly indigenous children and children of African descent. It also requested the Government to continue providing information on the measures taken within the context of the Bono 10,000 programme and the road map for the prevention and eradication of child labour, including its worst forms.

The Committee notes from the Government’s report that the road map for the prevention and eradication of child labour, including its worst forms, includes six fundamental priorities, one of which is action to combat poverty. One of the objectives of the “action to combat poverty” dimension is the removal of children from work, including the worst forms of child labour. One of the components of the programme is the conditional cash transfer (CCT), known as Bono 10,000, which has been active since 2010. In its new phase 2014–17, the programme has been reoriented towards the poorest families and marginalized families, with over 112 municipalities benefiting. Between 2014 and 2017, a total of 527,971 girls and boys living in conditions of extreme poverty benefited from conditional cash transfers, approximately equivalent to 1.8 billion Honduran lempiras (HNL) or US$77.39 million. The programme has benefited around 17,500 families.

The Committee notes that in the context of the family dimension of the road map, the Bono Vida Mejor programme included the implementation of the training project Cuidate, with a guide on health and well-being in communities living in extreme poverty and social exclusion with a high rate of maternal and infant mortality and morbidity, and gender inequalities. According to the Government’s statistics on the education policy implemented in 2017, work among children under 18 years of age has been reduced by 13.2 per cent, and by 25.3 per cent for children in the third educational cycle. Similarly, school registration in basic education has increased from 67.1 to 72.2 per cent. The Committee requests the Government to continue taking the necessary measures to achieve an effective reduction in poverty among children at risk of being engaged in the worst forms of child labour. It also requests the Government to continue providing information on the results of the measures adopted in the context of the project Bono 10,000, and the road map for the prevention and eradication of child labour, including its worst forms.