Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee had previously noted that, by virtue of section 3(1) of the Child Trafficking and Pornography Act, it is prohibited to organize or knowingly facilitate the entry into, transit through, or exit from the State, of a child for the purpose of his/her sexual exploitation. It had also noted that a child is defined under this Act as a person under 17 years of age. It had accordingly requested the Government to indicate the measures taken or envisaged to prohibit the sale and trafficking of children under 18 years of age for the purposes of sexual or labour exploitation. The Committee noted with interest the Government’s information that the Criminal Law (Trafficking in Persons and Sexual Offences) Bill of 2006 is due to be published in 2006. It noted that this Bill contains provisions punishing: the trafficking of persons, including children; the sale of children for purposes of sexual exploitation; and other offences related to the sexual exploitation of children. Section 2 of this Bill defines a “child” as a person under 18 years of age. With regard to trafficking, section 3(1) punishes any person who recruits, transports, transfers to another person, harbours or knowingly arranges or facilitates: (a) the entry into, travel within, or departure from the State of a person; or (b) the provision of accommodation or employment in the State for that person, for the purpose of the trafficked person’s exploitation. “Exploitation” is defined as labour exploitation (including forced labour, slavery and servitude) and sexual exploitation (including child pornography, prostitution, any sexual activity which is an offence). The Committee noted that, by virtue of section 3 of the Bill, some circumstances, such as the use of coercion, fraud or position of authority against the victim of trafficking, have not to be proved when the trafficked person is a child. Moreover, section 3(3) provides for an increased penalty if the person trafficked is a child. The Committee requests the Government to provide information on any progress towards the adoption of the Criminal Law (Trafficking in Persons and Sexual Offences) Bill of 2006.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that the Child Trafficking and Pornography Act prohibits the production and distribution of child pornography, as well as the use of a child for the production of child pornography (section 3). However, it had noted that, by virtue of section 2 of the Act, a child means a person under the age of 17 years. It had requested the Government to provide information on the measures taken or envisaged to prevent the use, procuring or offering of a child under 18 for the production of pornography or for pornographic performances. The Committee noted with interest that the Criminal Law (Trafficking in Persons and Sexual Offences) Bill of 2006 provides for some offences related to child prostitution. In particular, section 5 of this Bill punishes anyone who solicits a child, or offers a child or another person a financial advantage for the purpose of the “sexual exploitation” of the child. Section 6 punishes anyone who controls the activities of a child, or recruits a child, for the purpose of the child’s “sexual exploitation”. The Committee noted that section 2 defines a “child” as a person under 18 years of age. The same section also states that the term “sexual exploitation” includes “the production of child pornography or the participation of a child in child pornography or in something that is indecent or obscene”. The Committee requests the Government to provide information on any progress towards the adoption of the Criminal Law (Trafficking in Persons and Sexual Offences) Bill of 2006.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously noted that the Child Care Act protects children from the use of drugs but not from being used, procured or offered for the trafficking of drugs. It noted that the Child Care (Amendment) Bill of 2006 referred to by the Government contains no provisions prohibiting the use, procuring or offering of a child for the production and trafficking of drugs. It once again requests the Government to indicate whether legal provisions exist prohibiting the use, procuring or offering of a child for illicit activities, including the production and trafficking of drugs. If not, it requests the Government to provide information on the measures taken to this end.

Part V of the report form. Practical application of the Convention. The Committee requests the Government to continue supplying copies of extracts from official documents including studies and inquiries and where such statistics exist, 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, reports, investigations, prosecutions, convictions and penalties applied.