Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Repetition

Articles 3(a) and 7(1) of Convention. Worst forms of child labour and penalties. Sale and trafficking of children for sexual exploitation. The Committee previously noted that the trafficking of persons for sexual exploitation, particularly in forced prostitution rings involving children, is a serious problem in the country, with child victims being brought from Mexico, Guatemala and other countries in the region for prostitution. It also noted the concern expressed by the Committee on the Rights of the Child (CRC) with respect to the low level of prosecutions and convictions for trafficking-related crimes vis-à-vis the reported cases.

The Committee notes the Government’s information concerning the investigations conducted and the convictions obtained in relation to the sale and trafficking of persons. However, as noted in its previous comment, this information does not provide statistics disaggregated according to whether the victims are adults or under 18 years of age; instead, the Government has provided a sample case of a criminal conviction for the trafficking of 11 victims between the ages of 11 and 16 years. Furthermore, the Committee notes that, without specifying any age, the Government indicates that public authorities identified 32 child victims of human trafficking in 2013. Finally, the Committee understands that the Committee on Family, Children, Adolescents, Elderly Persons and Persons with Disabilities has conducted a study and drafted a Special Law against Human Trafficking which will, among others, impose higher penalties for crimes committed against children.

The Committee also notes the adoption of a National Policy to Combat Trafficking in Persons in 2012. However, it further notes the 2014 concluding observations of the Committee on the Protection of the Rights of All Migrant Workers and their Families (CMW/C/SLV/CO/2, paragraph 44), which expresses concern regarding the few sentences that have been passed for the offence of human trafficking. The Committee accordingly requests the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of persons engaged in the sale and trafficking of children under 18 years of age for sexual exploitation are carried out. It also requests the Government to ensure that the draft Special Law against Human Trafficking is adopted. It further requests the Government to provide statistical information concerning the investigations and convictions obtained in relation to the sale and trafficking of children under the age of 18 years.

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 removing them from such labour. Commercial sexual exploitation and trafficking of children for that purpose. Further to its previous comments, the Committee notes the Government’s reference to its national policy to combat human trafficking established under Decree No. 450 in 2012, which defines the term “human trafficking” to include trafficking for the purpose of sexual exploitation and sex tourism. The national plan provides for the protection, reintegration and restitution of victims of trafficking, and provides for programmes to be developed to protect victims and repatriate them as necessary. The Committee further notes the establishment of a National Council against Human Trafficking, which is mandated to further formulate, coordinate and evaluate the national policy as well as, among others, establish a national action plan implementing the principles set out in the national policy. The national policy and national action plan will be evaluated every three years to determine appropriate follow-up action, and public reports will be distributed to provide information concerning their accomplishments and application.

The Committee also notes the Government’s information concerning measures taken to provide assistance to children and adolescents, including awareness raising in school centres for 919 boys and 854 girls on preventing trafficking for commercial sexual exploitation and the training of 290 officials on the rights of children in themes such as migration, trafficking and sexual exploitation. The Government also indicates that the Ministry of Justice and Public Security has implemented a plan to eradicate commercial sexual exploitation, human trafficking, child labour and the worst forms of child labour as part of the Institutional Strategy Plan (PNC).

The Committee takes due note of the Government’s programmatic measures to combat human trafficking. However, it also notes that while the national plan and the mandate of the National Council target human trafficking generally, they do not contain specific provisions for child victims under the age of 18. It also notes that, according to the Government’s statistical information, there were 14 cases of commercial sexual exploitation in January 2014, which the Committee notes is approximate to the 15 cases of such exploitation reported in January 2013, and may indicate that the Government’s efforts to decrease the incidence of trafficking of children needs to be further strengthened. Recalling that children below the age of 18 years are particularly vulnerable to trafficking for commercial sexual exploitation, the Committee strongly encourages the Government to take immediate and effective time-bound measures for the prevention, removal and rehabilitation of child victims, specifically, within the context of the national plan.