Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s first report. With reference to its comments under the Forced Labour Convention, 1930 (No. 29), concerning the sale and trafficking of children and child prostitution, and as the Worst Forms of Child Labour Convention, 1999 (No. 182), addresses these worst forms of child labour, the Committee considers that they may be examined more specifically in the context of Convention No. 182. It requests the Government to provide information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clauses (a) and (b). Sale and trafficking of children and the use, procuring or offering of a child for prostitution. In its comments under Convention No. 29, the Committee noted the observations made by the International Trade Union Confederation (ITUC) in which it referred to the “widely reported” trafficking of women and children for prostitution. It also noted the convergent information from United Nations institutions. In particular, it noted that in May 2001 the United Nations Committee on Economic, Social and Cultural Rights, in its concluding observations on the Government’s second periodic report, expressed serious concern at the spread of child prostitution and the trafficking of children and the incapacity of the State party to resolve these problems (E/C.12/1/Add.56, paragraph 16).

The Committee notes that the national legislation contains various provisions penalizing the sale and trafficking of children under 18 years of age or their use, procuring or offering for prostitution. With regard to sale and trafficking, it notes that section 266 of the Basic Act on the protection of children and young persons provides that any person who facilitates acts intended to cause a child or young person to journey beyond the frontiers without complying with the legal formalities with a view to profit, participates in such acts or benefits therefrom, shall be liable to a sentence of imprisonment of between two and six years. Furthermore, section 231 of the Act  provides that the unlawful transport of the child or the young person, within or outside the country, shall be punished by a fine according to the gravity of the offence. Under the terms of section 16(11) of the Basic Act to combat organized crime, the trafficking of persons, including migrants, constitutes an offence of organized delinquency. With regard to the use, procuring or offering of a child or young person for prostitution, the Committee notes that section 258 of the Basic Act on the protection of children and young persons provides that any person who incites a child or young person to engage in sexual activity, organizes such activity or draws earnings therefrom shall be convicted to a sentence of imprisonment of from three to six years. It further notes that the Penal Code contains provisions, especially in sections 288, 289 and 290, penalizing incitement to prostitution.

The Committee notes that, in its concluding observations on the Government’s combined fourth, fifth and sixth periodic reports of January 2006 (CEDAW/C/VEN/CO/6, paragraphs 27 and 28), the Committee on the Elimination of Discrimination against Women expressed concern about the lack of information on the causes and extent of prostitution, as well as the trafficking of women and girls, in particular the incidence of these phenomena in border areas. The Committee on the Elimination of Discrimination against Women, while noting the preventive efforts in place aimed at addressing the root causes of prostitution, expressed concern that insufficient steps have been taken to curtail the exploitation of prostitution and to discourage demand. It urged the Government to take all appropriate measures for this purpose. The Committee of Experts further notes that, according to the information contained in the Government’s second periodic report to the Committee on the Rights of the Child in December 2006 (CRC/C/VEN/2, paragraph 187), child prostitution is one of the most serious problems confronting the country.

The Committee notes that the convergence of information demonstrates the existence of the trafficking of children under 18 years of age and their use, procuring or offering for commercial sexual exploitation and expresses concern at the situation of these children. It requests the Government to take the necessary measures to ensure in practice the protection of children under 18 years of age against sale and trafficking for sexual exploitation, and specifically for prostitution. The Committee also requests the Government to provide information on the effect given in practice to the provisions of the national legislation, including statistics on the number and nature of the infringements reported, the investigations conducted, prosecutions, convictions and penal sanctions applied.

Article 5. Monitoring mechanisms. As Article 3(a) and (b) of the Convention relate to offences of a criminal nature, the Committee requests the Government to indicate whether monitoring mechanisms in addition to the general labour and social security inspectorate have been established to monitor the implementation of these provisions of the Convention.

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, removing children from these worst forms of child labour and ensuring their rehabilitation and social integration. The Committee notes that the Government has adopted a National Plan of Action against Abuse and Commercial Sexual Exploitation (PANAESC), the objectives of which include the prevention and protection of children under 18 years of age from sexual exploitation and their rehabilitation. It further notes that, in its concluding observations of January 2006 (CEDAW/C/VEN/CO/6, paragraphs 27 and 28), the Committee on the Elimination of Discrimination against Women, while noting the socio-economic and preventive measures in place to address the root causes of prostitution, expressed concern that insufficient steps have been taken for rehabilitation. The Committee on the Elimination of Discrimination against Women urged the Government to take all appropriate measures, including the adoption and implementation of a comprehensive plan to suppress the exploitation of prostitution through, inter alia, the strengthening of prevention measures and by taking measures to rehabilitate victims of exploitation.

The Committee hopes that the Government will take the necessary measures to give effect to the recommendations of the Committee on the Elimination of Discrimination against Women. It requests the Government to provide information on the results achieved in the context of the implementation of PANAESC with a view to: (a) preventing children under 18 years of age from becoming victims of sale and trafficking or their use, procuring or offering for prostitution; and (b) providing the necessary and appropriate and direct assistance for the removal of children from these worst forms of child labour and for their rehabilitation and social integration. In this respect, it would be grateful if the Government would indicate whether reception centres for child victims of trafficking have been established in the country, with an indication of the number of children actually received by such centres; and whether specific medical and social follow-up programmes have been formulated and implemented for child victims of trafficking.

Article 8. International cooperation. The Committee notes that the Bolivarian Republic of Venezuela is a member of Interpol, the organization which assists in cooperation between countries in the various regions, particularly to combat the trafficking of children. The Committee is of the view that international cooperation between law enforcement agencies, and particularly the judicial authorities and police forces, is indispensable to prevent and eliminate commercial sexual exploitation, including 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 requests the Government to take measures to cooperate with countries with which it shares frontiers, thereby strengthening 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. The Committee notes that, in its conclusions on the Government’s second periodic report of October 2007, the Committee on the Rights of the Child regretted the lack of information and data on the sexual exploitation and sale of children. It further notes that, in its concluding observations of January 2006 (CEDAW/C/VEN/CO/6, paragraph 28), the Committee on the Elimination of Discrimination against Women requested the Government to include in its next periodic report a comprehensive assessment, based on appropriate studies, on the causes and extent of prostitution, as well as the trafficking of women and girls, with information disaggregated by age and geographical area, and to provide details of the results achieved. In view of the convergence of information demonstrating the existence of the sale and trafficking of children under 18 years of age and their exploitation for prostitution, and particularly the lack of information on these worst forms of child labour, the Committee requests the Government to take the necessary measures to conduct a global evaluation of the causes and extent of the trafficking and prostitution of children under 18 years of age. It requests the Government to provide information in this respect.

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