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The Committee notes the comments of the Confederation of Workers Rerum Novarum (CTRN), dated 22 August 2010, as well as the Government’s report.

Article 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), in its concluding observations on the Government’s initial report of May 2007 under the Optional Protocol to the Convention on Rights of the Child on the sale of children, child prostitution, and child pornography (CRC/C/OPSC/CRI/CO/1, paragraphs 20 and 22), expressed concern at the fact that the trafficking of children for sexual exploitation and the smuggling of migrants, including children, continue to be a serious problem in the country. The CRC also expressed concern at the fact that the practice of purchasing sexual services from children is still socially acceptable and that Costa Rica is becoming an increasingly popular destination for sex tourism. The Committee noted that, even though the legislation conforms to the Convention on this point, the scale of the commercial sexual exploitation of children, including the sale and trafficking of children to that end and prostitution appears to be substantial.

The Committee duly notes the statistics provided by the President of the Supreme Court of Justice in the Government’s report for the years 2008, 2009 and 2010. It notes that seven persons were convicted of human trafficking in 2009. Furthermore, the Committee notes the information provided by the National Foundation for Children (PANI) that there were 2,821 complaints of sexual offences in 2009, which led to the conviction of eight persons for the commercial sexual exploitation of children under 18 years of age. Furthermore, between January and August 2010, 1,675 complaints were registered for sexual offences and five convictions were handed down. The Committee encourages the Government to continue taking effective measures to ensure that thorough investigations and robust prosecutions for 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 are carried out. In this regard, it requests the Government to continue providing statistics on the number of investigations, prosecutions and convictions, including the duration of the sentences imposed. To the extent possible, all information provided should be disaggregated by sex and age.

Article 5. Monitoring mechanisms. Labour inspections. In its previous comments, the Committee noted that, under the terms of Directive No. 1 of the Ministry of Labour and Social Security of 13 March 2001, it is envisaged that in each regional inspection bureau, an inspector will be made responsible for the problem of child labour, in collaboration with the committees on childhood and adolescence, the responsible committees for each community and other structures for the elimination of child labour and the protection of the working conditions of young persons within the framework of the policies pursued by the Government.

The Committee notes the allegations made by the CTRN that 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, a single labour inspector is in charge of the office. It therefore seems unlikely that in each regional office an inspector can be responsible for the specific problem of child labour. The Committee requests the Government to take measures to strengthen the capacities of the labour inspectorate and requests it to provide information on the measures taken in that regard.

Article 6. Programmes of action. The Committee previously noted that one of the components of the National Plan of Action for the prevention and elimination of child labour is to eliminate the engagement of children in hazardous work and the worst forms of child labour.

The Committee notes that the Government’s report contains no information on the measures taken in that regard in the context of the National Plan. The Committee therefore once again requests the Government to provide information on the measures taken and the results achieved in the context of the National Plan of Action for the prevention and elimination of child labour and the special protection of young workers, to eliminate the engagement of children in hazardous work and the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and assistance to remove them from the worst forms of child labour. 1. Trafficking of children and commercial sexual exploitation of children. In its previous comments, the Committee noted that Costa Rica is participating in the ILO–IPEC subregional project entitled “Contribution to the prevention and elimination of the commercial sexual exploitation of children in Central America, Panama, and the Dominican Republic” (ILO–IPEC project on the prevention and elimination of the commercial sexual exploitation of children). It also duly noted the adoption of a National Plan for the elimination of the commercial sexual exploitation of boys, girls and adolescents (2008–10).

The Committee notes that the ILO–IPEC project on the prevention and elimination of the commercial sexual exploitation of children ended in April 2009. It notes according to the information contained in the final report of July 2009 on the entire period of the project (2005–09) that 209 children were prevented from working and 118 (93 girls and 25 boys) were removed from trafficking or commercial sexual exploitation and obtained access to educational services or training. The Committee also notes the information from the PANI provided in the Government’s report indicating that 152 children under 18 years of age who had been victims of commercial sexual exploitation were taken into care in 2008 and 61 between January and August 2010. With regard to the rehabilitation and social integration measures taken in the context of the National Plan for the elimination of the commercial sexual exploitation of boys, girls and adolescents, the Government’s report indicates that vocational training is planned in three provinces to enable young persons to acquire skills in the field of production management. Noting the completion of the ILO–IPEC project in 2009, the Committee strongly encourages the Government to continue its efforts to remove child victims of trafficking and commercial sexual exploitation. Furthermore, it requests the Government to take effective and time-bound measures to ensure the rehabilitation and social integration of these children and to provide information on the nature of these measures and the number of children they have benefited.

2. Tourist activities. The Committee previously noted that a code of conduct for the protection of boys, girls and adolescents against commercial sexual exploitation in the tourist sector had been drawn up. It noted that a large number of tour operators, car hire companies, taxi companies and members of the national hotels association have undertaken to apply the code of conduct and to formulate and publish a set of ethical criteria to be applied to this problem.

The Committee notes with interest the information provided in the final report of the ILO–IPEC project on the prevention and elimination of the commercial sexual exploitation of children of July 2009 that all tourism associations and chambers in Costa Rica have abided by the code of conduct. It also notes that more than 6,000 employees in the tourism sector working in nearly 300 enterprises have been trained and have undertaken to take action to prevent, identify and report situations involving the commercial sexual exploitation of children. Furthermore, the Committee notes that, under section 19 of Act No. 8811 of 12 May 2010 on incentives to promote the social responsibility of tourist enterprises, legal or natural persons involved in a tourism activity are required to include the following statement in their advertising: “the commercial sexual exploitation of boys, girls and adolescents is an offence punishable by imprisonment”. Welcoming the significant measures taken by the Government to prevent and combat the commercial sexual exploitation of children in the tourism sector, the Committee requests the Government to pursue its efforts and to continue providing information on the impact of these measures.

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. Further to its previous comments, the Committee notes the information provided by the Government under the Minimum Age Convention, 1973 (No. 138), that the Avancemos (Let’s Move Forward) programme targets mainly young persons aged between 12 and 25 years in a situation of poverty, vulnerability or exclusion and aims to promote their continued attendance or reintegration into formal education at the secondary level. It notes that, in 2008, 300 young persons who were working have benefited from financial support under this programme. Furthermore, the Government’s report indicates that 34,617 children under 15 years of age are currently benefiting under this programme and that the objective for 2009 is to assist 180,000 children.

The Committee also notes that, according to the statistics contained in the 2010 “Education For All: Global Monitoring Report” published by UNESCO, entitled “Reaching the Marginalized”, the gross enrolment rate at the secondary level increased from 57 per cent to 87 per cent between 1999 and 2007. However, it notes that, according to UNICEF statistics for 2008, the net attendance rate stands at only 65 per cent for girls and 59 per cent for boys. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to strengthen its efforts to improve the functioning of the education system through measures aimed at increasing the school attendance rate at the secondary level. In this regard, it requests the Government to continue providing information on the results achieved in the context of the Avancemos programme and on the number of children removed from the worst forms of child labour who have been reintegrated into the education system under this programme.

Article 8. International cooperation and assistance. Trafficking for the purpose of commercial sexual exploitation. The Committee previously noted that as part of its activities, the PANI takes care of children who have been brought into the country, particularly from Nicaragua, and accommodates them in its centres. Furthermore, in order to organize the return of these children to their families, it establishes contact with the competent authorities. The Committee also noted that, according to the September 2008 report on the ILO–IPEC project on the prevention and elimination of the commercial sexual exploitation of children, Costa Rica and Panama signed a coordination protocol on 23 May 2008 on the procedure for the repatriation of children and young person between the two countries.

The Committee notes the information provided by the Government that ten children who were the victims of trafficking were taken care of by the PANI in 2009. However, no cases of child trafficking were detected in 2010. The Committee further notes that the report contains no information on the number of children repatriated to their country of origin. The Committee requests the Government to continue providing information on the activities carried out by the PANI and once again requests it to provide statistics on the number of child victims detected and repatriated to their country of origin. It also once again requests it to provide detailed information on the measures taken as part of the implementation of the coordination agreement on the procedure for the repatriation of children and young persons between Costa Rica and Panama, to ensure the rehabilitation and social integration of children who have been removed from trafficking for the purpose of commercial sexual exploitation within their country of origin.

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The Committee notes the communication of the International Trade Union Confederation (ITUC) of 26 August 2009, as well as the Government’s reply dated 22 October 2009.

Article 3 of the Convention. Worst forms of child labour. Clause (d). Hazardous work. Child domestic work. The Committee notes the allegations made by the ITUC that nearly 6 per cent of the 113,500 children working in Costa Rica are employed in domestic work. It notes that the ITUC’s comments refer to the ILO–IPEC study of 2002 entitled “Child domestic labour in Central America and the Dominican Republic”, which revealed that one girl in every four under 18 years of age who works is engaged in the domestic sector in Costa Rica. According to the ITUC, these children work long days, are paid little if at all, are often the victim of physical and sometimes sexual violence, are exposed to hazardous working conditions and often have no access to education. Furthermore, child domestic workers are isolated since their activities are carried out within the private sphere, which makes them extremely vulnerable to all forms of abuse. However, the Committee notes that, according to the ITUC’s comments, a Bill prohibiting young workers from carrying out hazardous and unhealthy work was submitted to the legislative assembly in 2005 and includes provisions regulating child domestic work. Furthermore, a Bill on domestic work was also submitted to the legislative assembly in the same year.

The Committee notes the Government’s reply to the ITUC’s allegations, which indicates that, under the Code of Childhood and Adolescence (section 94), it is prohibited to employ children under 15 years of age (sections 78 and 92) and children aged between 15 and 18 years may not be engaged in activities that jeopardize their own safety or that of other persons placed under their responsibility. Furthermore, the working time of children aged between 15 and 18 years is limited to six hours per day or 36.6 hours per week (section 95). Furthermore, the Committee notes the Government’s indication concerning the drafting of the Bill on domestic work and its forthcoming adoption. It also notes that the Bill prohibiting young workers from carrying out hazardous and unhealthy work contains provisions on child domestic work.

The Committee notes with interest the adoption of Act No. 8842 of 13 August 2010 amending the Code of Childhood and Adolescence, which provides that domestic work by children aged between 15 and 18 years is prohibited in the following conditions: (i) if the young person must sleep at the workplace; (ii) if the work requires the young person to look after children, elderly persons or disabled persons; and (iii) if the work consists of supervision (section 94bis). Furthermore, it notes that the Bill prohibiting young persons from carrying out hazardous and unhealthy work envisages the prohibition of child domestic work carried out in these same conditions. The Committee requests the Government to take the necessary measures to ensure that children under 18 years of age who are engaged in domestic work benefit from the protection guaranteed by the national legislation in practice and, in this regard, it requests the Government to provide statistics on the number and type of violations observed and the penalties applied. Furthermore, it expresses the hope that the Bill prohibiting young persons from carrying out hazardous and unhealthy work will be adopted very soon and that it will contain provisions on child domestic work. The Committee requests the Government to provide information on any progress made in this regard.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. Child domestic workers. The Committee notes the information provided by the Government in its reply to the allegations made by the ITUC. It notes in particular that an awareness-raising campaign was conducted on child domestic work between 2003 and 2006 through the television and radio media. According to the Government, four programmes have also been created in collaboration with the NGO World Vision with the aim of identifying and providing assistance for 120 child domestic workers. Considering that children engaged in domestic work are particularly exposed to the worst forms of child labour, the Committee requests the Government to redouble its efforts to protect these children from the worst forms of child labour by taking specific measures to provide the necessary and appropriate direct assistance to remove these children from hazardous work and ensure their rehabilitation and social integration. It requests the Government to provide detailed information on the measures taken to that end. Furthermore, the Committee requests the Government to provide information on the results achieved in the context of the abovementioned programmes, including the number of children who have benefited from these measures.

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

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Article 3, clauses (a) and (b), of the Convention and Part III of the report form. Sale and trafficking of children for commercial sexual exploitation; use, procuring or offering of a child for prostitution; court decisions. In its previous comments the Committee noted that, under section 172 of the Penal Code, any person who encourages, facilitates or assists persons, whether male or female, to enter or leave the country for the purposes of prostitution or to maintain them in sexual or economic slavery shall be penalized. The Committee notes with interest the adoption of Act No. 8590 of 18 July 2007 on reinforced measures to combat the sexual exploitation of minors through amendments and additions to various sections of the Penal Code, Act No. 4573, and amendments to certain sections of the Code of Criminal Procedure, Act No. 7594 (Act No. 8590 of 18 July 2007). It notes that, under the terms of section 160 of the Penal Code, as amended by Act No. 8590 of 18 July 2007, any person who pays, or promises to pay or give an economic or other consideration to a minor to engage in a sexual or erotic act, or to a third party with a view to making a minor engage in a sexual or erotic act, shall be penalized. In addition, section 171 of the Penal Code, as amended by Act No. 8590 of 18 July 2007, lays down penalties for the crime of procuring.

However, the Committee notes that the Committee on the Rights of the Child (CRC), in its concluding observations on the Government’s initial report of May 2007 under the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (CRC/C/OPSC/CRI/CO/1, paragraphs 20 and 22), expressed concern at the fact that the trafficking of children for sexual exploitation and the smuggling of migrants, including children, continue to be a serious problem in the country. The CRC also expressed concern at the fact that the practice of purchasing sexual services from children is still socially acceptable and that Costa Rica is becoming an increasingly popular destination for sex tourism.

The Government indicates in its report that, according to information from the National Foundation for Children (PANI), foreign children, particularly from Nicaragua, have been found in the border areas, particularly adjoining Nicaragua. These children are brought into the country on the pretext of meeting family members. The Government also indicates that the courts have sentenced five persons for various crimes connected with commercial sexual exploitation, including prostitution, to prison terms ranging from 16 to 30 years. The Committee notes that, according to the September 2008 report on the ILO/IPEC subregional project entitled “Contribution to the prevention and elimination of the commercial sexual exploitation of children in Central America, Panama and the Dominican Republic” (ILO/IPEC project on the prevention and elimination of the commercial sexual exploitation of children), eight cases connected with the commercial sexual exploitation of children are under investigation.

The Committee notes that, even though the legislation conforms to the Convention on this point, the scale of the commercial sexual exploitation of children, including the sale and trafficking of children to this end and prostitution, appears to be substantial. The Committee expresses its concern at the information confirming the existence of these worst forms of child labour in the country. The Committee requests the Government to continue taking measures to ensure the protection of young persons under 18 years of age against the commercial sexual exploitation of children, including by ensuring that the perpetrators are vigorously investigated and prosecuted. It requests the Government to provide information on the application of the provisions of the Penal Code prohibiting these worst forms of child labour in practice, including, in particular, statistics on prosecutions, convictions and the criminal penalties imposed. The Committee also requests the Government to supply copies of any court decisions issued pursuant to the provisions of the Penal Code.

Article 4, paragraph 1. Determination of the list of types of hazardous work. With reference to its previous comments, the Committee notes the Government’s indication that the draft Act on the prohibition of hazardous and insalubrious work for young workers is currently being examined by the Legislative Assembly. The Committee expresses the firm hope that this Act will be adopted in the near future and requests the Government to supply a copy, once it has been adopted.

Article 6. Programmes of action. With reference to its previous comments, the Committee duly notes the detailed information contained in the Government’s report on the programmes of action implemented to eliminate child labour, including the worst forms thereof. It also notes that the second “National Plan of action for the prevention and elimination of child labour and the special protection of young workers” was revised and reformulated in 2007, so as to bring it into line with the Government’s new policies, particularly the National Development Plan (2006–10). One of the components of the National Plan of Action, as reformulated, is to eliminate the engagement of children in hazardous work and the worst forms of child labour. The Committee requests the Government to supply information on the measures taken under the “National Plan of Action for the prevention and elimination of child labour and the special protection of young workers”, to eliminate the engagement of children in hazardous work and the worst forms of child labour. It also requests the Government to provide information on the results achieved.

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 to remove them from the worst forms of child labour. 1. ILO/IPEC project on the prevention and elimination of the commercial sexual exploitation of children. With reference to its previous comments, the Committee notes with interest that, according to the September 2008 report on the ILO/IPEC project on the prevention and elimination of the commercial sexual exploitation of children, between March and August 2008, out of a total of 42 children who benefited from the project, 28 were prevented from becoming victims of commercial sexual exploitation or trafficking to this end and 14 were removed from these worst forms of child labour. The Committee also notes that these children were either reintegrated in the formal or informal school system or received training of another kind.

The Committee duly notes the information supplied by the Government to the effect that a “National Plan for the elimination of the commercial sexual exploitation of boys, girls and adolescents (2008–10)” has been adopted. It notes that this Plan comprises five strategic components, namely awareness-raising and communication, training, direct assistance to victims, research, and monitoring and evaluation. The Committee requests the Government to provide information on the impact of measures taken under the ILO/IPEC project on the prevention and elimination of the commercial sexual exploitation of children and the results achieved. With regard to the “National Plan for the elimination of the commercial sexual exploitation of boys, girls and adolescents (2008–10)”, the Committee requests the Government to supply information on the specific time-bound measures taken, as part of the implementation of the Plan, to ensure the rehabilitation and social integration of children who have been removed from these worst forms of child labour.

2. Tourist activities. The Committee duly notes the Government’s indication that a code of conduct for the protection of boys, girls and adolescents against commercial sexual exploitation in the tourist sector has been drawn up. It also duly notes that a large number of tour operators, car hire companies, taxi companies and members of the national hotels association have undertaken to apply the code of conduct and to formulate and publish a set of ethical criteria to be applied to this problem. In view of the information to the effect that Costa Rica is becoming an increasingly popular destination for sex tourism, the Committee urges the Government to continue its efforts to raise the awareness of all players connected with the tourist industry in order to eliminate the commercial sexual exploitation of children.

Article 8. International cooperation and assistance. Trafficking for the purpose of commercial sexual exploitation. In its previous comments, the Committee noted that the ILO/IPEC project on the prevention and elimination of the commercial sexual exploitation of children provides for the strengthening of horizontal cooperation among the countries participating in the project. The Committee notes that, according to the information contained in the Government’s report, the PANI, as part of its activities, takes care of children who have been brought into the country, particularly from Nicaragua, and accommodates them in its centres. In addition, in order to organize the return of these children to their families, it establishes contact with the competent authorities. The Committee also notes that, according to the September 2008 report on the ILO/IPEC project on the prevention and elimination of the commercial sexual exploitation of children, Costa Rica and Panama signed a coordination agreement on 23 May 2008 with regard to procedures for the repatriation of children and young persons between the two countries. The Committee requests the Government to provide information on the activities of the PANI, indicating in particular the number of child victims of trafficking who have been detected, intercepted and returned to their country of origin. The Committee also requests the Government to supply information on the measures taken as part of the implementation of the coordination agreement with regard to procedures for the repatriation of children and young persons between the two countries, to ensure the rehabilitation and social integration of children who have been removed from trafficking for the purposes of commercial sexual exploitation within their country of origin.

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The Committee notes the Government’s report and the attached documents. It notes in particular the detailed information concerning the various projects and programmes of action implemented in the context of the ILO/IPEC Time-bound Programme (TBP) on the worst forms of child labour with a view to eliminating the worst forms of child labour, with particular reference to commercial sexual exploitation and hazardous types of work.

Article 3 of the Convention. Worst forms of child labour. Clauses (a) and (b). Sale and trafficking of children for sexual exploitation and the use, procuring or offering of a child for prostitution. In its previous comments, the Committee noted the new provisions of the Penal Code prohibiting the sale and trafficking of children and the use, procuring or offering of children for prostitution. It noted that, according to the so-called rapid assessment study undertaken in 2001 on the commercial sexual exploitation of young persons, although Costa Rica was the first country in Latin America to adopt a law specifically penalizing those who exploit such persons, difficulties of application persisted in practice. It requested the Government to provide information on the effect given in practice to the new provisions.

The Committee takes due note of the many preventive measures adopted with a view to preventing children from becoming victims of the worst forms of child labour. It notes in particular the measures taken to raise the awareness of the population and of teachers and to increase the capacity of the employees of the National Directorate of Migration and Immigration with a view to preventing, detecting and drawing attention to situations of commercial sexual exploitation and trafficking. However, the Committee notes that the Government has not provided information on the effect given in practice to the provisions of the Penal Code. It therefore once again requests the Government to provide information on the effect given in practice to provisions prohibiting the commercial sexual exploitation of children, including statistics on the number and nature of the violations reported, investigations undertaken, prosecutions, convictions and the penal sanctions applied.

Article 4, paragraphs 1 and 3. Revision of the list of hazardous types of work. With reference to its previous comments, the Committee takes due note of the Bill prohibiting the performance of hazardous or unhealthy work by young workers; that it was formulated following tripartite consultation; and that it is currently being examined by the International Affairs Commission. The Committee hopes that the Bill will be adopted in the near future and requests the Government to provide information on the progress achieved and to provide a copy once it has been adopted.

Article 5. Monitoring mechanisms. The Committee notes that one of the objectives of the ILO/IPEC subregional project entitled “Prevention and elimination of the worst forms of child labour in Guatemala, Honduras, Nicaragua and Costa Rica” is to develop programmes to ensure that young persons under the legal minimum age cannot be engaged in hazardous types of work. This involves, among other actions, the establishment in a large number of activities and sectors of an appropriate monitoring system and, accordingly, the strengthening of the role of labour inspectors so that they can ensure the implementation of the legislation respecting child labour. The Committee further notes that the Government is formulating protocols on the procedures to be followed by labour inspectors to detect child and young workers and the attention to be paid to them. The Committee requests the Government to provide information on the measures adopted to implement the new monitoring system and to strengthen the role of labour inspectors, and on the results achieved.

Article 6. Programmes of action. 1. National Plan of Action. With reference to its previous comments, the Committee notes with interest the second National Plan of Action for the prevention and elimination of child labour and the special protection of young workers (2005–10), which addresses eight subjects in a transversal manner, including rights, gender issues, poverty, the risk or fact of social exclusion and the social and cultural environment. The Committee requests the Government to provide information on the programmes of action implemented in the context of the second National Plan of Action referred to above and the results obtained through its implementation in terms of the elimination of the worst forms of child labour.

2. Plan of Action against the illicit trafficking of persons. In its comments, the Government indicates that one of the functions of the National Coalition to Combat the Illicit Trafficking of Migrants and of Persons, established by Executive Decree No. 32824 of 16 December 2005, is to formulate and implement a National Plan of Action to combat the illicit trafficking of persons. The Committee takes due note of this information, particularly since, in its concluding observations of February 2007 on the first periodic report of the Government concerning the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (CRC/C/OPSC/CRI/CO/1, paragraphs 6 and 7), the Committee on the Rights of the Child expressed concern at the lack of a specific public policy to eradicate the sale of children, child prostitution and child pornography. The Committee hopes that, in the context of the formulation of the National Plan of Action to combat the illicit trafficking of persons, the Government will adopt specific measures for the elimination of the sale of children, child prostitution and child pornography. It requests the Government to provide information on this subject.

Article 7, paragraph 2. Effective and time-bound measures. In its previous comments, the Committee noted that Costa Rica is participating in the ILO/IPEC TBP on the worst forms of child labour. That TBP targeted two of the worst forms of child labour, namely, the commercial sexual exploitation of children and hazardous work, that the Government had to take priority measures to eliminate. The Government was to focus its activities in the Brunca region. In this respect, the Committee takes due note of the information provided by the Government on the results achieved through the implementation of the various programmes of action on hazardous work in agriculture and child domestic work. It further notes the Government’s intention to extend the TBP to other regions of the country, particularly the North, as it is an agricultural area with a major population of migrants. The Committee strongly encourages the Government to pursue its efforts to combat the commercial sexual exploitation and hazardous work by children and requests it to provide information on the regions of the country to which the TBP is extended.

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. TBP and ILO/IPEC subregional project. In view of the information referred to above concerning the extension of the TBP to other regions of the country, the Committee requests the Government to continue providing information on the measures taken in the context of the TBP and other ILO–IPEC projects with a view to: (a) preventing children from being the victims of hazardous work or sexual exploitation; and (b) providing the necessary and appropriate direct assistance for the removal of child victims of these worst forms of child labour. It also requests the Government to provide information on the results achieved. The Committee further requests the Government to provide information on economic alternatives and on the measures taken to ensure the rehabilitation and social integration of children.

Article 8. International cooperation and assistance. Commercial sexual exploitation. The Committee notes that the ILO/IPEC subregional project on the prevention and elimination of the commercial sexual exploitation of children provides for the strengthening of horizontal collaboration between the countries participating in the project. The Committee is of the view that international cooperation between law enforcement agencies, particularly the judicial authorities and police forces, is indispensable to prevent and combat commercial sexual exploitation, and particularly the sale and trafficking of children for this purpose, through the collection and exchange of information and through assistance to detect and prosecute the individuals involved and to repatriate victims. The Committee therefore hopes that, in the context of the implementation of the ILO/IPEC subregional project on the prevention and elimination of the commercial sexual exploitation of children, the Government will take measures to cooperate with the participating countries and accordingly reinforce security measures so as to bring an end to this worst form of child labour. It requests the Government to provide information on this subject.

Parts IV and V of the report form. Application of the Convention in practice. With reference to its previous comments, the Committee requests the Government to continue providing statistics and information on the nature, extent and trends of the worst forms of child labour and on the number of children protected by the measures giving effect to the Convention. In so far as possible, the information provided should be disaggregated by sex.

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The Committee notes the Government’s first and second reports and requests it to provide information on the following points.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes with interest that, on 12 June 2003, the Government renewed the Memorandum of Understanding (MOU) with ILO/IPEC until 2007. The Committee also notes with interest that the Government is currently developing a National plan for the elimination of child labour, which will include specific action for the elimination of the worst forms of child labour. It requests the Government to provide information on the National plan for the elimination of child labour, which is currently being prepared.

Article 3. Worst forms of child labour. Clause (a). 1. Sale and trafficking of children. Under section 172 of the Penal Code, any person who encourages, facilitates or assists persons, whether male or female, to enter or leave the country for the purposes of prostitution or to maintain them in sexual or economic slavery shall be penalized.

2. Slavery, debt bondage, serfdom and forced or compulsory labour. The Committee notes that under article 20 of the Constitution, all persons are free in the Republic and that any person who is under the protection of the laws of the Republic may not be enslaved. It also notes that under article 56 of the Constitution, the State shall ensure that all individuals have honest work, duly paid, and shall for this reason prevent the development of conditions which, in any manner, limit the freedom or dignity of the individual or reduce her or his labour to a simple commodity. Furthermore, under section 189 of the Penal Code, the act of reducing a person to slavery or a similar practice, or of maintaining such person in this situation, constitutes an offence. Finally, section 8 of the Labour Code provides that no individual shall be restricted in her or his freedom to work nor shall be prevented from devoting her or himself to an occupation, an industry or a trade, on condition that the provisions of laws and regulations are respected.

3. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that, under article 12 of the Constitution, the army is prohibited as a permanent institution. The police forces necessary to maintain public order shall be established. Military forces shall be established only by virtue of a Pan-American agreement or for the purposes of national defence. Under article 147 of the Constitution, the Council of Ministers may request the Legislative Assembly to declare a state of national emergency and to authorize the ordering of military recruitment, the formation of the army and the negotiation of peace.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes sections 160 and 169 to 171 of the Penal Code, as amended by the Act of 1999 against the sexual exploitation of minors. It notes in particular that, under section 160 of the Penal Code, any person who pays a young person, whether male or female, promises to pay such person or to provide an economic benefit or a benefit of any other nature in exchange for the performance of sexual or erotic acts shall be penalized. Under sections 169 and 170 of the Penal Code, any person who encourages or induces persons under 18 years of age, male or female, to prostitute themselves, maintains them in this situation or procures them for this purpose is guilty of the crime of aggravated procurement. Section 169 also provides for a sentence of imprisonment for any person who maintains an individual in sexual slavery. Finally, section 171 of the Labour Code provides that any person who, through coercion, maintains, even partially, a person who prostitutes her or himself and exploits her or his income shall be liable to a sentence of imprisonment. According to the so-called rapid assessment study undertaken in 2001 on the commercial sexual exploitation of young persons, although Costa Rica was the first country in Latin America to adopt a law specifically penalizing those exploiting such persons, difficulties of application still exist in practice. The Committee therefore requests the Government to provide information on the effect given in practice to the above provisions, including statistics on the number of persons prosecuted.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes sections 167 and 173 of the Penal Code, as amended by the Act of 1999 against the sexual exploitation of young persons. Under section 167 of the Penal Code, any person who uses young persons for erotic, pornographic or obscene purposes, in exhibitions, public or private performances of such nature, commits an offence. Under section 173 of the Penal Code, any person who manufactures or produces pornography using young persons or their image shall be penalized. The Committee notes that the above provisions of the Penal Code do not define the term "young persons" so as to determine the age of the persons concerned by this provision. In this respect, the Committee reminds the Government that the prohibition set out in Article 3(b) of the Convention, namely of the use, procuring or offering of a child for the production of pornography or for pornographic performances, applies to any person under 18 years of age. The Committee therefore requests the Government to specify the age of the "young persons" to which sections 167 and 173 of the Penal Code apply.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that under section 71(c) of Act No. 7786 of 1998 respecting narcotic and psychotropic substances, prohibited drugs and related activities, the act of using young persons to commit the offence of the production or trafficking of drugs constitutes an aggravating factor in the determination of penalties. The Committee notes that the offences defined by Act No. 7786 relate to the distribution, sale, manufacture, preparation, transformation, cultivation, production and sale of drugs or substances referred to by the Act (section 61). The Committee observes that section 71(c) uses the term "young person" without determining the age of the persons concerned by this provision. The Committee reminds the Government that the prohibition set forth in Article 3(c) of the Convention, namely of the use, procuring or offering of a child for illicit activities, applies to any person under 18 years of age. The Committee therefore requests the Government to specify the age of the "young persons" to whom section 71(c) of Act No. 7786 respecting narcotic and psychotropic substances, prohibited drugs and related activities is applicable.

Article 3(d) and Article 4, paragraphs 1 and 3. Types of hazardous work and revision of the types of hazardous work determined. The Committee notes that section 94 of the Code of Childhood and Adolescence prohibits the employment of young persons (persons between 12 and 18 years of age - section 2) in mines and quarries, unhealthy or dangerous places, bars selling alcoholic beverages, activities jeopardizing their safety or that of other persons placed under their responsibility, and activities which require the operation of dangerous machinery, contact with pollutants or work at excessive noise levels. Section 95 of the Code of Childhood and Adolescence prohibits night work by young persons. The Committee also notes that under section 87 of the Labour Code, it is absolutely prohibited to engage young persons under 18 years of age to carry out types of work which, physically or mentally, are unhealthy, arduous or hazardous, which are to be determined by regulations. Furthermore, section 88 of the Labour Code prohibits the night work of young persons under 18 years of age, as well as work by day in inns, clubs, bars and other outlets for the immediate consummation of alcoholic beverages. The Labour Code (section 89) and the Code of Childhood and Adolescence (section 95) also prohibit work by young persons for long hours.

The Committee notes with interest that the Regulations of 2001 respecting the engagement of young persons in accordance with occupational health conditions (Decree No. 29920-MTSS) establish a detailed list of the types of work and workplaces which are unhealthy and hazardous. Sections 4 and 5 lay down the hazardous types of work which are totally prohibited for young persons: (a) mines, the exploitation of quarries, underground work and excavations; (b) work in which the noise level is equivalent to or higher than 85 decibels; (c) work using machinery, tools or equipment which produce low, medium or high frequency vibrations; (d) the preparation, packaging, handling, transport and application of agrochemicals; (e) activities involving contact with toxic, inflammable, radioactive, infectious, irritating and corrosive products, substances or objects; (f) entertainment activities in prejudicial places, such as night centres, gaming rooms, rooms or sites of obscene performances, or studios producing pornography; (g) the production, preparation and exclusive sale of alcoholic beverages; (h) the operation of specialized equipment, such as cranes, hoists, tractors or other machines prohibited for young persons under 18 years of age; (i) the manual lifting, placing or transport of loads of over 15 kg for young men and 10 kg for young women; (j) activities requiring the use of manual and mechanical machines and tools which may result in amputations, shocks, bruising, fractures, superficial wounds or internal traumatisms; (k) caring for children or persons who are sick or elderly; (l) dock work; (m) work on the high seas; (n) construction activities requiring training or experience; (o) the construction and demarcation of quarries, particularly work involving the movement of earth, the handling of asphalt and the operation of quarry construction vehicles or machines; (p) work at heights of over two metres, particularly in stairways and open spaces; (q) electrical work; (r) ionizing, infrared and ultraviolet radiations; and (s) work in freezing chambers.

The Committee notes the information provided by the Government that the Occupational Health Council prepared a document in 2002 entitled "Hazardous and unhealthy activities for young workers". This document examines the possibility of determining, in addition to the activities set forth in the above Regulations, other types of hazardous work not envisaged in the latter. The Committee notes the document "Hazardous types of work by children and young persons in Costa Rica", published in 2003. It notes the Government’s indication that the objective of the document is to identify the scope of the problem of hazardous work performed by children and young persons. According to the data contained in the document, some 51,706 workers under 18 years of age are distributed in 288 activities, with the majority (38,863 or 75 per cent) in 12 activities. With a view to providing a better overview of the young workers who may be most vulnerable to occupational risks, the document focuses on five activities in which 23,795 (46 per cent) of young workers are engaged. These are: room attendants, workers paid on a monthly basis and canteen attendants, girl child carers, street hawkers, agricultural and construction workers. These activities have not been determined as being hazardous, but their performance is, according to the technical secretariat of the Occupational Health Council, liable to involve risks which may jeopardize the health and safety of young workers. Several of these activities are also those in which a high number of occupational accidents occur. The Committee further notes the document entitled "National report on the results of the survey on work by children and young persons in Costa Rica", published in 2003. It notes the Government’s indication that this report contains information on activities in which a high number of working children and young persons are found. According to the data contained in this document, a large number of children and young persons work in activities which secure a barely adequate or inadequate level of well-being.

According to the information available to the Office, the various initiatives referred to above have led to the preparation of a preliminary draft Bill prohibiting hazardous and unhealthy types of work for young workers. The Committee requests the Government to provide information on the preparatory work and adoption of this Bill prohibiting hazardous and unhealthy types of work for young workers.

Article 4, paragraph 2. Identification of where types of hazardous work exist. The Committee notes that the Government’s indication in its report that the objective of the document entitled "Hazardous work by children and young persons in Costa Rica" is also to identify in geographical terms the places in which boys, girls and young persons carry out types of hazardous work. The Committee also notes that the document entitled "National report on the results of the survey on work by children and young persons in Costa Rica" identifies certain geographical areas in which types of hazardous work are undertaken by children and young persons.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. 1. Labour inspection. The Committee notes the information provided by the Government that the institutions responsible for ensuring the application and compliance with workers’ rights, and particularly young workers, are the Ministry of Labour and Social Security (MTSS) through: (i) the National Directorate of the General Labour Inspectorate; and (ii) the Bureau for the Monitoring and Elimination of Child Labour and the Protection of Young Workers. The Committee also notes that the national legislation, which regulates the labour inspection system, contains provisions setting out the responsibilities and rights of labour inspectors. In this respect, it notes that under section 89 of Act No. 1860 of 21 April 1955 respecting the Ministry of Labour and Social Security, and section 52 of the Regulations reorganizing and rationalizing the Ministry of Labour and Social Security (Decree No. 1506-TBS of 16 February 1971), labour inspectors are authorized to inspect workplaces. The Committee further notes that the Code of Childhood and Adolescence, the Regulations of 2001 respecting the engagement of young persons in accordance with occupational health conditions (Decree No. 29920-MTSS) and the Labour Code provide for mechanisms to monitor the implementation of their provisions.

2. Bureau for the Monitoring and Elimination of Child Labour and the Protection of Young Workers. The Committee notes that, under the terms of Directive No. 1 of the Ministry of Labour and Social Security, of 13 March 2001, it is envisaged that in each regional inspection bureau an inspector will be made responsible for the problem of child labour, in collaboration with the committees on childhood and adolescence, the responsible committees for each community and other structures for the elimination of child labour and the protection of the working conditions of young persons within the framework of the policies pursued by the Government. The Committee notes that, under this Directive, the labour inspectorate is responsible for planning activities, in collaboration with the Bureau for the Monitoring and Elimination of Child Labour and the Protection of Young Workers, which is responsible for monitoring and technical assistance. The Committee requests the Government to provide information on the operation of the Bureau for the Monitoring and Elimination of Child Labour and the Protection of Young Workers, for example, by providing extracts of reports or documents.

3. CONACOES. The Committee notes that the National Commission to Combat Commercial Sexual Exploitation (CONACOES) is responsible for the elimination of the commercial sexual exploitation of girls, boys and young persons in Costa Rica. It requests the Government to provide information on the activities of the National Commission to Combat Commercial Sexual Exploitation.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes that the Government, in collaboration with ILO/IPEC, has established several projects. In particular, it notes the project for the prevention and elimination of the worst forms of domestic work by children in Central America and the Dominican Republic and the sub-regional programme for the prevention and elimination of child labour in the coffee industry. The Committee requests the Government to provide information on the implementation and results of the above programmes with regard to the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee notes that the national legislation provides for sufficiently effective and dissuasive penalties for violations involving the worst forms of child labour. Under section 189 of the Penal Code, any person found guilty of reducing an individual to slavery or a similar practice, or of maintaining them in this situation, is liable to a sentence of between four and 12 years’ imprisonment. Under section 172 of the Penal Code, any person committing the crime of the trafficking of young persons is liable to a sentence of between four and ten years’ imprisonment. In accordance with section 160 of the Penal Code, the crime of paid sexual relations with young persons gives rise to a sentence of imprisonment of between two and ten years. Section 171 of the Penal Code provides for a sentence of imprisonment of between three and ten years for any person found guilty of the crime of procuring. Furthermore, section 173 of the Penal Code provides for a sentence of imprisonment of between three and eight years for any person in violation of this provision. Under section 167, the crime of pornography is punishable by a sentence of imprisonment of between three and eight years. Section 168 of the Penal Code provides that any person who commits the crime of so-called aggravated pornography is liable to a penalty of between four and ten years’ imprisonment. Under sections 169 and 170 of the Penal Code, a sentence of imprisonment of between two and five years is envisaged for any person found guilty of aggravated procurement or the maintenance of an individual in sexual slavery. By virtue of section 77 of Act No. 7786 of 1998 respecting narcotic and psychotropic substances, prohibited drugs and related activities, a sentence of imprisonment of between eight and 20 years is envisaged for the offence of the production or trafficking of drugs in cases in which the offence is committed in certain circumstances, including the use of young persons. Section 101 of the Code of Childhood and Adolescence provides for penalties for violations by the employer of certain provisions of the Code, including section 94 (prohibition of hazardous type of work) and section 95 (prohibition of night work). The fines envisaged range between one and 23 wages (section 613 of the Labour Code). Section 101 of the Code of Childhood and Adolescence also provides for penalties for violations by individuals, namely a fine of between one and 23 wages. The Committee requests the Government to provide information on the application of these penalties in practice.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes with interest that Costa Rica is participating in the ILO/IPEC Time-Bound Programme (TBP) on the worst forms of child labour for a two-year period. According to the working paper entitled "Combating the worst forms of child labour in Costa Rica (2003-2005)", the TBP will be of direct benefit to around 1,120 young workers under 18 years of age, of indirect benefit to 3,620 young persons under 18 years of age who are at risk and to around 800 families. It also notes that the TBP will focus its activities in the Brunca region and will address two of the worst forms of child labour in respect of which the Government has to take priority measures. These are the commercial sexual exploitation of young persons and types of hazardous work.

Clauses (a) and (d). Preventing the engagement of children in the worst forms of child labour and children at special risk. The Committee notes that, according to the above document, of the 3,620 children targeted by the TBP, some 3,500 are considered to be at risk in types of hazardous work and 120 in commercial sexual exploitation. The Committee requests the Government to provide information on the measures adopted in the context of the TBP for the protection of these young persons. It also requests the Government to provide statistical data on the number of children who are prevented in practice from being engaged in the worst forms of child labour as a result of the implementation of the TBP.

The Committee also notes that article 78 of the Constitution and section 59 of the Code of Childhood and Adolescence provide that pre-school education, general basic education and specialized education are free and compulsory. In its report, the Government states that sections 78 and 92 of the Code of Childhood and Adolescence do not allow the employment of young persons under 15 years of age. These provisions guarantee compulsory education at least up to 15 years and constitute a powerful measure, if implemented, to prevent the engagement of children in the worst forms of labour. The Government is requested to provide information on improving enrolment in schools.

Clause (b). Assistance for the removal of children from the worst forms of child labour. The Committee notes with interest that, according to the above document, the number of girls, boys and young persons concerned by the TBP is 1,000 out of a total of 11,851 in the case of types of hazardous work and 120 in relation to commercial sexual exploitation. However, the total number of children in this latter activity is still not known. The Committee also notes that the TBP provides for economic alternatives for the families of children who are removed from the worst forms of child labour. Children removed from these activities benefit from rehabilitation and social integration measures. The Committee requests the Government to provide information on the economic alternatives and the measures taken to ensure the rehabilitation and social integration of the children concerned. It also requests the Government to provide statistical data on the number of children who are in practice removed from work.

Clause (c). Access to free basic education. With regard to the TBP, the Committee notes that education measures are envisaged for children who are removed from the worst forms of child labour concerned. Children under 14 years of age will be placed in primary schools, will receive psychological and educational support and tutorial and educational assistance to help them succeed in their studies. Those between 15 and 17 years of age will receive vocational training, after completing transitional education, and assistance to find work. The Committee requests the Government to provide information on the number of young persons who, after being removed from work, are in practice reintegrated into basic education courses or receive pre-vocational or vocational training.

Clause (e). Special situation of girls. The Committee requests the Government to indicate the manner in which it intends, within the context of the TBP, to take account of the special situation of girls and remove them from the worst forms of child labour.

Article 8. Enhanced international cooperation and/or assistance. Costa Rica is a member of Interpol, an organization which assists in cooperation between countries in the various regions, particularly to combat the trafficking of children. In its report, the Government states that, in the context of policies for the negotiation of free trade treaties, the labour cooperation agreements that are in force and those under discussion, envisaging the defence of the fundamental principles and rights set out in the ILO Declaration of 1998, it is aware of the need to take appropriate measures for mutual assistance in giving effect to the provisions of the Convention through enhanced international cooperation and/or assistance. While noting the above information, the Committee encourages the Government to enter into cooperation with other countries and requests it to provide detailed information on enhanced international cooperation and/or assistance, including support for social and economic development, poverty eradication programmes and universal education.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes that, taking into account the figures provided in the document "Combating the worst forms of child labour in Costa Rica (2003-05)", a fairly high number of children engaged in the worst forms of child labour, as well as certain tourist regions, are not covered by the TBP. It requests the Government to indicate whether it intends taking measures to establish programmes for the removal of these children from their work and to extend the TBP to other regions. The Committee also requests the Government to continue providing statistics and information on the nature, extent and trends of the worst forms of child labour. The Committee therefore requests the Government to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, the information provided should be disaggregated by sex.