Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Article 3 of the Convention. Clause (c). Worst forms of child labour. Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee noted that, under section 78 of the Children and Young Persons Code of 2003, boys, girls and young persons have the right to be protected from participation in the production, marketing and advertising of the following substances and objects: alcoholic beverages, tobacco, narcotics and psychotropic substances, weapons, explosives and substances that endanger life and physical integrity. The Committee pointed out that section 78 of the Code lays down a right, not a prohibition. In reply, the Government indicated that this matter would be considered when drafting the regulations issued under the Children and Young Persons Code. The Committee noted the Government’s statement that these regulations were in the process of being approved. The Committee expresses the firm hope that the regulations issued under the Children and Young Persons Code will be adopted in the near future, that they will prohibit and penalize the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs. It requests the Government to provide information on any new developments in this respect.

Article 6. Programmes of action. The Committee took due note of the various plans of action and public policies drawn up by the Government, including the ten-year plan for the comprehensive protection of children and young people (2004–14), the national development plan (2007–10), the social agenda for children and young people and the national action plan for the promotion of youth employment in Ecuador. Furthermore, the Committee noted that, according to the information contained in the final report of ILO–IPEC on the Time-bound Programme (TBP) for the elimination of the worst forms of child labour of June 2008, in addition to child labour in the banana and flower-growing sectors and the commercial sexual exploitation of children and trafficking for this purpose, other economic activities had become priority at the end of the TBP. Reference could, for instance, be made to children working in public refuse dumps and on the streets, and the sale and trafficking of children for begging. The Committee requests the Government to provide information on the action programmes drawn up within the framework of these action plans and public policies to eliminate the worst forms of child labour, in particular concerning children working in public refuse dumps and on the street, as well as the sale and trafficking of children for begging.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from these forms of child labour and providing for their rehabilitation and social integration. Child labour in the banana industry and in flower cultivation. Referring to its previous comments, the Committee noted with interest the detailed information provided by the Government on the results obtained following the implementation of the TBP, which ended in June 2008. It particularly noted that, for both these branches of economic activity, a total of 6,232 children had benefited from the TBP, of which 3,143 were girls and 3,089 were boys. In the case of child labour in the banana industry, 2,384 children were prevented from being recruited and 1,474 children were withdrawn from work. As regards child labour in the flower-growing sector, 1,829 children were prevented from being recruited and 545 children were withdrawn from their work. The Committee also took note of the information provided by the Government on the services received by the children who benefited from the TBP, including their return to the formal or informal school system, integration into occupational training and psychological assistance. Given that the TBP is no longer operational in the country, the Committee requests the Government to continue to provide information on effective and time-bound measures taken or envisaged to prevent children from being victims of these worst forms of child labour and to provide the necessary and appropriate direct assistance to remove them from these forms of labour and guarantee their rehabilitation and social integration.

Clause (d). Identifying children at particular risk and entering into contact with them. 1. Children of indigenous and Afro-descendent peoples. The Committee noted that, according to the Education for All Global Monitoring Report of 2008, published by UNESCO and entitled Education for all in 2015: Will we make it?, there are disparities in school enrolment and participation rates with respect to children of indigenous peoples. Furthermore, the Committee noted that the Committee on the Elimination of Racial Discrimination, in its final observations on the 17th, 18th and 19th reports of Ecuador in 2008 (CERD(C/ECU/CO/19, paragraph 20), while noting the introduction of a system of bilingual education in Ecuador, providing instruction to indigenous children in Spanish and in their own language, was concerned with the poor application of the intercultural bilingual system in practice.

The Committee noted the information provided by the Government that it had implemented the WIÑARI project, which sets out to reintegrate the children of indigenous peoples removed from their work into the formal school system. It also noted that the ten-year plan for the comprehensive protection of children and young people (2004–14) provides that measures should be taken especially to help the children of indigenous peoples to be integrated into the educational system. Furthermore, the Committee noted that according to the findings of the second national survey on child labour carried out by the National Institute of Statistics and Censuses (INEC) in 2006, 47,444 children out of the total of 213,752 children of between 15 and 17 years of age working in hazardous occupations are the children of indigenous of Afro-descendent peoples. The Committee noted that the children of indigenous or Afro-descendent peoples are often victims of exploitation, which takes many forms, and are a population at risk of being engaged in the worst form of child labour. It requests the Government to provide information on the effective and time-bound measures taken during the implementation of the WIÑARI project and the ten-year plan for the comprehensive protection of children and young people (2004–14), to ensure that the children of indigenous or Afro-descendent peoples should have easier access to the system of bilingual education and to reduce the disparities in the school enrolment and participation rates that exist in their case. It requests the Government to provide information on the results obtained.

2. Child domestic workers. The Committee noted that, according to the final ILO–IPEC report on the TBP of June 2008, it emerged, at the end of the TBP’s activities, that measures should be taken to prevent children working as domestic employees. It also noted that, according to the Government, a survey on children working as domestic employees was conducted in the City of Quito in 2008. The Committee observed that the children employed in domestic service, particularly small girls, are often victims of exploitation, which takes many varied forms, and that it is difficult to monitor their employment conditions because of the “clandestine nature” of this work. It therefore requests the Government to take effective and time-bound measures to protect children working as domestic employees against the worst forms of child labour. It asks the Government to communicate information on measures taken in this respect. Finally, the Committee requests the Government to provide a copy of the survey on children working as domestic employees carried out in the City of Quito in 2008.

Parts IV and V of the report form. Application of the Convention in practice. The Committee took note of the information provided by the Government in its report submitted under Convention No. 138 on the findings of the second national survey on child labour carried out by INEC in 2006. According to the statistics in this survey, 580,888 boys, girls and young people of between 5 and 17 years of age were involved in child labour that should be abolished according to the Convention. Out of this number, 213,752 children of between 15 and 17 years of age were working in hazardous occupations. The Committee requests the Government to continue providing 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 violations, investigations, prosecutions, convictions and penalties applied. To the extent possible, the information provided should be disaggregated by sex.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous observation, which read as follows:

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 of children for prostitution and court decisions. In its previous comments, the Committee noted that, according to ILO–IPEC statistics, over 5,200 children were victims of commercial sexual exploitation or trafficking for this purpose in Ecuador. It also noted the adoption of Act No. 25-447 of 23 June 2005, reforming the Penal Code, which categorizes crimes involving the sexual exploitation of young persons under 18 years of age and establishes heavy penalties for persons found guilty of having committed a crime established under this Act.

The Committee noted that, according to a 2007 report on the worst forms of child labour in Ecuador, available on the UNHCR website (www.unhcr.org), Colombian girls are trafficked to Ecuador for commercial sexual exploitation, and Ecuadorian children are trafficked to neighbouring countries and Spain. According to this report, it would seem that most children are trafficked within the country to urban centres, particularly for prostitution. The Committee also noted that the Committee on the Protection of the Right of Workers and their Migrant Families, in its final observations on Ecuador’s initial report on December 2007 (CMW/C/ECU/CO/1, paragraph 32), while recognizing the efforts undertaken by the National Council for Children and Young Persons against the commercial sexual exploitation of children and trafficking for this purpose, was nevertheless concerned at the involvement of migrant children in prostitution, especially in the Lago Agrio region, and at the fact that there still seemed to be a sort of social acceptance of this criminal behaviour against children in Ecuadorian society.

The Committee noted the information provided by the Government on the denunciations received by the National Police Unit specialized in the welfare of boys, girls and young persons (DINAPEN) concerning the commercial sexual exploitation of children. It noted that, between 2006 and June 2008, there had been a total of 184 denunciations, of which 153 concerned prostitution, including trafficking, 24 child pornography and eight sexual tourism. The Committee took note of the Government’s statement that, since 2005, 14 persons have been sentenced for the exploitation of children under 18 years of age for sexual purposes in the cities of Machala and Quito. In Quito, five sentences were handed down for the trafficking of children for sexual exploitation and one for the procuring of children, while in Machala, five sentences were handed down for trafficking for sexual exploitation, two for procuring and two for pornography. The penalties applied ranged from between three and five years’ imprisonment. The Committee encourages the Government to continue its efforts to ensure, in practice, the protection of children under 18 years of age against these worst forms of child labour. In this respect, it requests the Government to continue to provide information on the application of the provisions of the Penal Code applying to the crimes of sexual exploitation against minors of less than 18 years of age in practice. Furthermore, taking account of the information that persons have been prosecuted and sentenced, the Committee requests the Government to provide copies of the judgements handed down by virtue of the provisions in the Penal Code in its next report.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing children from being engaged in the worst forms of child labour, removing them from these forms of labour and ensuring their rehabilitation and social integration. Commercial sexual exploitation of children and the trafficking of children for this purpose. In its previous comments, the Committee noted that, in the context of the Time-bound Programme (TBP), programmes of action were to be implemented to combat the commercial sexual exploitation of children and the trafficking of children for this purpose. In this respect, the Committee noted, with interest, the detailed information provided by the Government on the results obtained following the implementation of the TBP, which ended in June 2008. It noted, more particularly, that a total of 1,174 children who were victims of commercial sexual exploitation or trafficking for this purpose benefited from the TBP. Out of this number, 1,037 children, of which 692 were girls and 345 boys, were prevented from being engaged in these worst forms of child labour, and 137 children, of which 135 were girls and two boys, were removed from these worst forms of child labour. The Committee further noted that, according to the Government, the children who benefited from the TBP also received assistance in re-entering the formal or informal education system, or received vocational training. What is more, temporary accommodation and social and legal assistance were provided to the children who had been removed from these worst forms of child labour. Finally, assistance, especially in the form of grants, were offered to the families of children benefiting from the TBP.

The Committee took due note of the Government’s indication that it has adopted a national plan to combat the trafficking of persons, the illicit traffic of migrants, sexual exploitation, economic and other forms of exploitation, the prostitution of women, boys, girls and young persons, child pornography and the corruption of minors (National Plan to combat the trafficking of persons and commercial sexual exploitation). The Committee also noted that, in the districts of Cuenca and Machala, plans to combat the commercial sexual exploitation of children and trafficking of children for this purpose have also been drawn up. Furthermore, according to the ILO–IPEC final report on the TBP of June 2008, the National Programme of protection for children and young people who are victims of commercial sexual exploitation or trafficking for this purpose is still in operation in the cities of Quito and Machala and will also be implemented in the region of Lago Agrio. The Committee strongly encourages the Government to continue its efforts and requests it to provide information on the time-bound measures taken, when implementing the National Plan to combat the trafficking of persons and commercial sexual exploitation and the plans to combat the commercial exploitation of children and the trafficking of children for this purpose in Cuenca and Machala, to: (a) prevent children from being victims of commercial sexual exploitation or trafficking for this purpose; and (b) provide the necessary and appropriate direct assistance to remove child victims from these worst forms of child labour. It requests the Government to continue providing information on the results obtained. The Committee also requests the Government to provide information on the implementation of the National Programme of protection for children and young persons who are victims of commercial sexual exploitation or trafficking for this purpose, especially with respect to the measures taken in the context of this programme to guarantee the rehabilitation and social integration of the victims of this worst form of child labour.

Article 8. International cooperation and assistance. Commercial sexual exploitation of children and trafficking of children for this purpose. In its previous comments, the Committee expressed the hope that, in the context of the implementation of the TBP, the Government would take measures to cooperate with neighbouring countries, particularly through the reinforcement of security measures on common borders. In this respect, the Committee took due note of the information provided by the Government that it participated in a meeting with Peru and Colombia to coordinate actions with a view to exchanging information on the commercial sexual exploitation of children and the trafficking of children for this purpose. Agreements had been reached on an exchange of information between the police and judicial services. The Committee requests the Government to indicate whether the exchanges of information with Peru and Colombia, carried out in the context of the agreements signed between the police and judicial services, have made it possible: (a) to identify and arrest persons working in networks involving the trafficking of children; and (b) to detect and intercept child victims of trafficking at the borders.

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

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 3 of the Convention. Clause (c). Worst forms of child labour. Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee noted that, under section 78 of the Children and Young Persons Code of 2003, boys, girls and young persons have the right to be protected from participation in the production, marketing and advertising of the following substances and objects: alcoholic beverages, tobacco, narcotics and psychotropic substances, weapons, explosives and substances that endanger life and physical integrity. The Committee pointed out that section 78 of the Code lays down a right, not a prohibition. In reply, the Government indicated that this matter would be considered when drafting the regulations issued under the Children and Young Persons Code. The Committee notes the Government’s statement that these regulations were in the process of being approved. The Committee expresses the firm hope that the regulations issued under the Children and Young Persons Code will be adopted in the near future, that they will prohibit and penalize the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs. It requests the Government to provide information on any new developments in this respect.

Article 4, paragraph 1. Determination of hazardous types of work. With reference to its previous comments, the Committee notes with interest the adoption of Resolution No. 016 CNNA-2008 of 8 May 2008, which issues regulations on hazardous types of work prohibited for young people who may legally work within an employment relationship or on their own account. It particularly notes that section 5 of these regulations contains a very detailed list of work forbidden to young people aged between 15 and 18 years. Furthermore, it notes that, according to the Government, Resolution No. 016 CNNA-2008 of 8 May 2008 was adopted in consultation with the employers’ and workers’ organizations and various bodies concerned by the issue of child labour. Finally, the Committee takes due note that section 6 of the regulations sets the minimum age of admission to employment for young domestic workers living with their employer at 18 years.

Article 6. Programmes of action. The Committee takes due note of the various plans of action and public policies drawn up by the Government, including the ten-year plan for the comprehensive protection of children and young people (2004–14), the national development plan (2007–10), the social agenda for children and young people and the national action plan for the promotion of youth employment in Ecuador. Furthermore, the Committee notes that, according to the information contained in the final report of ILO/IPEC on the Time-bound Programme (TBP) for the elimination of the worst forms of child labour of June 2008, in addition to child labour in the banana and flower-growing sectors and the commercial sexual exploitation of children and trafficking for this purpose, other economic activities had become priority at the end of the TBP. Reference could, for instance, be made to children working in public refuse dumps and on the streets, and the sale and trafficking of children for begging. The Committee requests the Government to provide information on the action programmes drawn up within the framework of these action plans and public policies to eliminate the worst forms of child labour, in particular concerning children working in public refuse dumps and on the street, as well as the sale and trafficking of children for begging.

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 them from these forms of child labour and providing for their rehabilitation and social integration. Child labour in the banana industry and in flower cultivation. Referring to its previous comments, the Committee notes with interest the detailed information provided by the Government on the results obtained following the implementation of the TPB, which ended in June 2008. It particularly notes that, for both these branches of economic activity, a total of 6,232 children had benefitted from the TBP, of which 3,143 were girls and 3,089 were boys. In the case of child labour in the banana industry, 2,384 children were prevented from being recruited and 1,474 children were withdrawn from work. As regards child labour in the flower-growing sector, 1,829 children were prevented from being recruited and 545 children were withdrawn from their work. The Committee also takes note of the information provided by the Government on the services received by the children who benefited from the TBP, including their return to the formal or informal school system, integration into occupational training and psychological assistance. Given that the TBP is no longer operational in the country, the Committee requests the Government to continue to provide information on effective and time-bound measures taken or envisaged to prevent children from being victims of these worst forms of child labour and to provide the necessary and appropriate direct assistance to remove them from these forms of labour and guarantee their rehabilitation and social integration.

Clause (d). Identifying children at particular risk and entering into contact with them. 1. Children of indigenous and Afro-descendent peoples. The Committee notes that, according to the Education for All Global Monitoring Report of 2008, published by UNESCO and entitled Education for all in 2015: Will we make it?, there are disparities in school enrolment and participation rates with respect to children of indigenous peoples. Furthermore, the Committee notes that the Committee on the Elimination of Racial Discrimination, in its final observations on the 17th, 18th and 19th reports of Ecuador in 2008 (CERD(C/ECU/CO/19, paragraph 20), while noting the introduction of a system of bilingual education in Ecuador, providing instruction to indigenous children in Spanish and in their own language, was concerned with the poor application of the intercultural bilingual system in practice.

The Committee notes the information provided by the Government that it has implemented the WIÑARI project, which sets out to reintegrate the children of indigenous peoples removed from their work into the formal school system. It also notes that the ten-year plan for the comprehensive protection of children and young people (2004–14) provides that measures should be taken especially to help the children of indigenous peoples to be integrated into the educational system. Furthermore, the Committee notes that according to the findings of the second national survey on child labour carried out by the National Institute of Statistics and Censuses (INEC) in 2006, 47,444 children out of the total of 213,752 children of between 15 and 17 year of age working in hazardous occupations are the children of indigenous of Afro-descendent peoples. The Committee notes that the children of indigenous or Afro-descendent peoples are often victims of exploitation, which takes many forms, and are a population at risk of being engaged in the worst form of child labour. It requests the Government to provide information on the effective and time-bound measures taken during the implementation of the WIÑARI project and the ten-year plan for the comprehensive protection of children and young people (2004–14), to ensure that the children of indigenous or Afro-descendent peoples should have easier access to the system of bilingual education and to reduce the disparities in the school enrolment and participation rates that exist in their case. It requests the Government to provide information on the results obtained.

2. Child domestic workers. The Committee notes that, according to the final ILO/IPEC report on the TBP of June 2008, it emerged, at the end of the TBP’s activities, that measures should be taken to prevent children working as domestic employees. It also notes that, according to the Government, a survey on children working as domestic employees was conducted in the City of Quito in 2008. The Committee observes that the children employed in domestic service, particularly small girls, are often victims of exploitation, which takes many varied forms, and that it is difficult to monitor their employment conditions because of the “clandestine nature” of this work. It therefore requests the Government to take effective and time-bound measures to protect children working as domestic employees against the worst forms of child labour. It asks the Government to communicate information on measures taken in this respect. Finally, the Committee requests the Government to provide a copy of the survey on children working as domestic employees carried out in the City of Quito in 2008.

Parts IV and V of the report form. Application of the Convention in practice. The Committee takes note of the information provided by the Government in its report submitted under Convention No. 138 on the findings of the second national survey on child labour carried out by INEC in 2006. According to the statistics in this survey, 580,888 boys, girls and young people of between 5 and 17 years of age were involved in child labour that should be abolished according to the Convention. Out of this number, 213,752 children of between 15 and 17 years of age were working in hazardous occupations. The Committee requests the Government to continue providing 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 violations, investigations, prosecutions, convictions and penalties applied. To the extent possible, the information provided should be disaggregated by sex.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

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, the use of children for prostitution and court decisions. In its previous comments, the Committee noted that, according to ILO/IPEC statistics, over 5,200 children were victims of commercial sexual exploitation or trafficking for this purpose in Ecuador. It also noted the adoption of Act No. 25-447 of 23 June 2005, reforming the Penal Code, which categorizes crimes involving the sexual exploitation of young persons under 18 years of age and establishes heavy penalties for persons found guilty of having committed a crime established under this Act.

The Committee notes that, according to a 2007 report on the worst forms of child labour in Ecuador, available on the UNHCR web site (www.unhcr.org), Colombian girls are trafficked to Ecuador for commercial sexual exploitation, and Ecuadorian children are trafficked to neighbouring countries and Spain. According to this report, it would seem that most children are trafficked within the country to urban centres, particularly for prostitution. The Committee also notes that the Committee on the Protection of the Right of Workers and their Migrant Families, in its final observations on Ecuador’s initial report on December 2007 (CMW/C/ECU/CO/1, paragraph 32), while recognizing the efforts undertaken by the National Council for Children and Young Persons against the commercial sexual exploitation of children and trafficking for this purpose, was nevertheless concerned at the involvement of migrant children in prostitution, especially in the Lago Agrio region, and at the fact that there still seemed to be a sort of social acceptance of this criminal behaviour against children in Ecuadorian society.

The Committee notes the information provided by the Government on the denunciations received by the National Police Unit specialized in the welfare of boys, girls and young persons (DINAPEN) concerning the commercial sexual exploitation of children. It notes that, between 2006 and June 2008, there had been a total of 184 denunciations, of which 153 concerned prostitution, including trafficking, 24 child pornography and eight sexual tourism. The Committee takes note of the Government’s statement that, since 2005, 14 persons have been sentenced for the exploitation of children under 18 years of age for sexual purposes in the cities of Machala and Quito. In Quito, five sentences were handed down for the trafficking of children for sexual exploitation and one for the procuring of children, while in Machala, five sentences were handed down for trafficking for sexual exploitation, two for procuring and two for pornography. The penalties applied ranged from between three and five years’ imprisonment. The Committee encourages the Government to continue its efforts to ensure, in practice, the protection of children under 18 years of age against these worst forms of child labour. In this respect, it requests the Government to continue to provide information on the application of the provisions of the Penal Code applying to the crimes of sexual exploitation against minors of less than 18 years of age in practice. Furthermore, taking account of the information that persons have been prosecuted and sentenced, the Committee requests the Government to provide copies of the judgements handed down by virtue of the provisions in the Penal Code in its next report.

Article 5. Monitoring mechanisms. The Committee notes that, according to the information contained in the final ILO/IPEC report on the Time-bound Programme (TBP) for the elimination of the worst forms of child labour, of June 2008, persons working for the DINAPEN, in particular child labour inspectors and police officers, have received training on commercial sexual exploitation and trafficking for this purpose. The Committee also notes that, according to this report, judicial officials, including magistrates from various districts throughout the country, including those from Lago Agrio, Machala and Galapagos, have also received training on these worst forms of child labour. Furthermore, about 20 child labour inspectors have been appointed.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Preventing children from being engaged in the worst forms of child labour, removing them from these forms of labour and ensuring their rehabilitation and social integration. Commercial sexual exploitation of children and the trafficking of children for this purpose. In its previous comments, the Committee noted that, in the context of the TPB, programmes of action were to be implemented to combat the commercial sexual exploitation of children and the trafficking of children for this purpose. In this respect, the Committee notes, with interest, the detailed information provided by the Government on the results obtained following the implementation of the TPB, which ended in June 2008. It notes, more particularly, that a total of 1,174 children who were victims of commercial sexual exploitation or trafficking for this purpose benefited from the TPB. Out of this number, 1,037 children, of which 692 were girls and 345 boys, were prevented from being engaged in these worst forms of child labour, and 137 children, of which 135 were girls and two boys, were removed from these worst forms of child labour. The Committee further notes that according to the Government, the children who benefited from the TPB also received assistance in re-entering the formal or informal education system, or received vocational training. What is more, temporary accommodation and social and legal assistance were provided to the children who had been removed from these worst forms of child labour. Finally, assistance, especially in the form of grants, were offered to the families of children benefiting from the TPB.

The Committee takes due note of the Government’s indication that it has adopted a national plan to combat the trafficking of persons, the illicit traffic of migrants, sexual exploitation, economic and other forms of exploitation, the prostitution of women, boys, girls and young persons, child pornography and the corruption of minors (National Plan to combat the trafficking of persons and commercial sexual exploitation). The Committee also notes that, in the districts of Cuenca and Machala, plans to combat the commercial sexual exploitation of children and trafficking of children for this purpose have also been drawn up. Furthermore, according to the ILO/IPEC final report on the TPB of June 2008, the National Programme of protection for children and young people who are victims of commercial sexual exploitation or trafficking for this purpose is still in operation in the cities of Quito and Machala and will also be implemented in the region of Lago Agrio.

The Committee strongly encourages the Government to continue its efforts and requests it to provide information on the time-bound measures taken, when implementing the National Plan to combat the trafficking of persons and commercial sexual exploitation and the plans to combat the commercial exploitation of children and the trafficking of children for this purpose in Cuenca and Machala, to: (a) prevent children from being victims of commercial sexual exploitation or trafficking for this purpose; and (b) provide the necessary and appropriate direct assistance to remove child victims from these worst forms of child labour. It requests the Government to continue providing information on the results obtained. The Committee also requests the Government to provide information on the implementation of the National Programme of protection for children and young persons who are victims of commercial sexual exploitation or trafficking for this purpose, especially with respect to the measures taken in the context of this programme to guarantee the rehabilitation and social integration of the victims of this worst form of child labour.

Article 8. International cooperation and assistance. Commercial sexual exploitation of children and trafficking of children for this purpose. In its previous comments, the Committee expressed the hope that, in the context of the implementation of the TPB, the Government would take measures to cooperate with neighbouring countries, particularly through the reinforcement of security measures on common borders. In this respect the Committee takes due note of the information provided by the Government that it participated in a meeting with Peru and Colombia to coordinate actions with a view to exchanging information on the commercial sexual exploitation of children and the trafficking of children for this purpose. Agreements had been reached on an exchange of information between the police and judicial services. The Committee requests the Government to indicate whether the exchanges of information with Peru and Colombia, carried out in the context of the agreements signed between the police and judicial services, have made it possible: (a) to identify and arrest persons working in networks involving the trafficking of children; and (b) to detect and intercept child victims of trafficking at the borders.

Furthermore, the Committee is addressing a direct request to the Government concerning other points.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the information provided by the Government in its report.

Article 1 of the Convention. Measures to secure the prohibition and elimination of the worst forms of child labour. The Committee notes the information provided by the Government in its report to the effect that the National Council for Children and Young Persons has formulated a ten-year plan for the comprehensive protection of children, which will set the main lines for public policies on children. The Committee requests the Government to provide fuller information on this protection plan, particularly with regard to the policies adopted to secure the prohibition and elimination of the worst forms of child labour.

Article 3 of the Convention. Worst forms of child labour. Clause (c). The use, procuring or offering of a child for illicit activities. In its previous comments, the Committee noted that, by virtue of section 78 of the Children and Young Persons Code of 2003, boys, girls and young persons have the right to be protected from participation in the production, marketing and advertizing of the following substances and objects: alcoholic beverages, tobacco, narcotics and psychotropic substances, weapons, explosives and substances that endanger life and physical integrity. The Committee pointed out that section 78 of the Code lays down a right, not a prohibition. In reply, the Government indicated that this aspect would be considered when the regulations of the Children and Young Persons Code were formulated. The Committee notes that the Government has not provided information on this point. The Committee once again hopes that the regulations of the Children and Young Persons Code will be adopted in the near future and requests the Government to provide information on any progress achieved in this respect, particularly with regard to the measures taken to secure the prohibition of the use, procuring or offering of a child for illicit activities.

Article 4, paragraph 1. Determination of hazardous types of work. In its previous comments, the Committee noted that two nationwide consultations had been held, one with civil society and various state bodies, including representative organizations of employers and workers, and the other with the indigenous population, with a view to updating the list of hazardous types of work prohibited for young persons. It also noted that the National Council for Children and Young Persons was preparing regulations on hazardous types of work prohibited for young persons. While noting the Government’s indications that the regulations on hazardous types of work prohibited for young persons are still being drawn up by the National Council for Children and Young Persons, in collaboration with the National Committee for the Progressive Elimination of Child Labour, the Committee once again draws the Government’s attention to Article 4, paragraph 1, of the Convention, which provides that types of hazardous work are to be determined taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), which contains a list of activities to which the Government might give special consideration in determining hazardous types of work. The Committee trusts that the regulations on hazardous types of work prohibited for young persons will be adopted in the near future and once again requests the Government to provide information on any progress achieved in this respect.

Article 7, paragraph 2. Effective and time-bound measures. With reference to its previous comments, the Committee notes with interest that the Government’s participation in the Time-bound Programme (TBP) for the elimination of the worst forms of child labour has been extended up to 2008. The extension of the TBP will, among other measures, allow for the extension of projects which have already been implemented for the cultivation of bananas and flowers to other geographical sectors and to increase by 1,500 the number of children who will benefit from the programme, of whom 620 will be removed and 880 will be prevented from being engaged in these worst forms of child labour. The Committee also notes that programmes of action will be implemented in the context of the TBP in the sectors referred to above. The Committee requests the Government to provide information on the implementation of the TBP and on the results achieved in terms of: (a) preventing the engagement of children in the worst forms of child labour covered by the TBP; (b) providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration; (c) ensuring access to free basic education and, wherever possible and appropriate, vocational training for all children removed from the worst forms of child labour; (d) identifying and reaching out to children at special risk; and (e) taking account of the special situation of girls.

Clause (b). Removing children from the worst forms of child labour and ensuring their rehabilitation and social integration. In its previous comments, the Committee noted that nearly 300 boys and girls aged between 7 and 18 years worked in traditional gold mines in Bella Rica. It also noted that, in the context of the “Project on the elimination of child labour in traditional mines in Bella Rica”, boys, girls and young persons had been removed from such work and others had been prevented from being engaged in it. In this respect, the Committee takes due note that over 240 children have been removed from the gold mines in Bella Rica. It also notes that the Government is planning to implement a programme of action in the mining sector in Portovelo Zaruma. The Committee encourages the Government to continue its efforts and requests it to indicate the number of children who have in practice been removed from work in the mining sector in Portovelo Zaruma.

Parts IV and V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted that, although Ecuador had made significant progress in relation to child protection standards, a number of problems persisted in practice, particularly in the field of sexual exploitation, construction, banana and flower cultivation, traditional mining, refuse dumps, domestic work and subsistence agriculture. The Committee also noted that the statistics and data did not specifically relate to the worst forms of child labour and it requested the Government to provide information on the application of the Convention in practice.

The Committee notes the INEC statistical data for 2005. It notes with interest that, according to these data, the number of working children between the ages of 5 and 17 years is declining in Ecuador. It fell from around 800,000 in 2001 to around 550,000 in 2005. However, it notes that, although this percentage is also falling, 47 per cent, or nearly half of child workers, are aged between 5 and 14 years. Furthermore, 47 per cent of children between the ages of 5 and 17 years who are engaged in work do not attend school. The Committee takes due note of the information provided by the Government on the project for the strengthening of the system for the inspection and monitoring of child labour. In particular, it notes that, in the context of this project, the service for the inspection and monitoring of child labour has been strengthened since 2004. The number of inspectors has increased and they have received special training. The Committee also notes that inspections have been carried out in various areas of the country where children are engaged in work, such as the districts of Buena Vista and Iberia and the cities of Quito and Santo Domingo.

The Committee greatly appreciates the efforts made by the Government to combat child labour. It however notes that the statistical data do not relate specifically to the worst forms of child labour. The Committee therefore once again 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 penalties imposed. To the extent possible, the information provided should be disaggregated by sex.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the information provided by the Government in its report in response to the general observation that it made in 2004 on the trafficking of children for economic and sexual exploitation. More particularly, it notes with interest that the Government has adopted a number of measures to combat this worst form of child labour, including:

(1)   the adoption of Act No. 25-447 of 23 June 2005, reforming the Penal Code, which categorizes crimes involving the sexual exploitation of young persons under 18 years of age and establishes heavy penalties for persons found guilty of having committed a crime established by the Act. Accordingly, crimes involving the sale and trafficking of children for economic and sexual exploitation, the use of children for the production of pornography or for pornographic performances, the offering or organization of tourist activities involving services of a sexual nature with children and the trafficking of body parts shall be punished by a sentence of imprisonment of between six and 18 years, and these penalties may be accompanied by fines;

(2)   the extension of the Time-bound Programme (TBP) for the elimination of the worst forms of child labour up to 2008 and the implementation of programmes of action to combat the trafficking of children and prevent them from being engaged in this worst form of child labour;

(3)   training, collaboration and awareness-raising of officials (labour inspection, police forces, immigration services) in relation to combating the trafficking of children;

(4)   the inspection of various bars, brothels and night clubs by the National Police Unit for Children (DINAPEN), leading to the arrest and conviction of persons involved in the crime of sexual exploitation.

Article 7, paragraph 2, of the Convention. Effective and time-bound measures. The Committee takes due note of the fact that, in the context of the TBP, programmes of action will be implemented to combat the commercial sexual exploitation of children and the trafficking of children for this purpose. It also takes due note of the fact that over 1,500 children will benefit from the extension of the TBP, of whom 620 will be removed from the worst forms of child labour and 880 will be prevented from becoming engaged therein.

Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from these forms of child labour and providing for their rehabilitation and social integration. Trafficking of children for commercial sexual exploitation. The Committee notes that, according to ILO/IPEC statistics, over 5,200 children are reported to be victims of commercial sexual exploitation in Ecuador, of whom a certain number have been victims of trafficking. It also notes the information provided by the Government that children are reportedly victims of trafficking in the indigenous community of Chimborazo. The Committee requests the Government to provide information on the implementation of the TBP and the results achieved in: (a) preventing children from being victims of sexual exploitation or trafficking for this purpose; and (b) providing the necessary and appropriate direct assistance to remove child victims from these worst forms of child labour and provide for their rehabilitation and social integration.

Article 8. International cooperation and assistance. Trafficking of children.  In its previous comments, the Committee requested the Government to provide information on the measures taken or envisaged for cooperation with neighbouring countries and the prevention of the sale and trafficking of children for the purpose of economic and sexual exploitation. The Committee takes due note of the information provided by the Government that the immigration police have been reinforced to combat illegal movements. 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 the trafficking of children, through the collection and exchange of information, and through assistance to detect and prosecute the individuals involved and repatriate victims. It therefore hopes that, in the context of the programmes of action on commercial sexual exploitation implemented by the TBP, the Government will take measures to cooperate with neighbouring countries, particularly through the reinforcement of security measures on common borders. The Committee requests the Government to provide information on this subject.

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

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Article 1 of the Convention. Measures to secure the prohibition and elimination of the worst forms of child labour. The Committee notes the information provided by the Government that the Ministry of Labour and Human Resources, in cooperation with organizations and institutions concerned by child labour, carried out activities in Quito to combat child labour, in sexual exploitation in particular, and in the construction, flower-growing and rubbish disposal sectors. Following these activities a "National Plan for the Elimination of Child Labour in Ecuador" was formulated. The Committee requests the Government to provide a copy of the National Plan together with information on the measures taken under the Plan to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency, particularly in the abovementioned areas.

Article 3. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee noted that according to section 78 of the Children’s and Young Persons’ Code of 2003, boys, girls and young persons have the right to be protected from participation in the production, marketing and advertising of the following substances and objects: alcoholic beverages, tobacco, narcotics and psychotropic substances, weapons, explosives and substances that endanger the life and physical integrity of persons. The Committee pointed out that section 78 of the Code lays down a right, not a prohibition. The Government states in reply that this matter will be considered when the regulations of the Children’s and Young Persons’ Code are formulated. The Government further states that it pledges to take all necessary measures to prohibit the use, procuring or offering of children for illicit activities. The Committee takes note of the information supplied by the Government. It hopes that the regulations of the Children’s and Young Persons’ Code will soon be adopted and asks the Government to provide information on developments in this regard, particularly on the measures taken to prevent the use, procuring or offering of children for illicit activities.

Article 4, paragraph 1. Determination of hazardous work. In its previous comments, the Committee noted that section 138(1) of the Labour Code specifies that the activities prohibited for women and men under 18 years of age in industries and hazardous or unhealthy work are to be determined in special regulations. It likewise noted that section 138(2) of the Labour Code sets out a list of industries deemed to be hazardous and which are covered by the prohibition. It further noted the information supplied by the Government that, in order to enlarge on and update the list of hazardous activities prohibited for young persons and children, two nationwide consultations had been held, one with civil society and interested state bodies, including representative organizations of employers and workers, and the other with the indigenous population. Following the consultations, regulations were to be drafted in order to update the list of jobs prohibited for children, pursuant to section 138 of the Labour Code. The Committee went on to note that, according to section 87(2) of the Children’s and Young Persons’ Code of 2003, the National Council for Children and Young Persons was to determine the types of work that are hazardous, harmful or dangerous for young persons.

The Committee notes the information provided by the Government that the National Council for Children and Young Persons is in the process of drafting regulations on types of hazardous work prohibited for young persons. The Committee draws the Government’s attention, in this connection, to Article 4, paragraph 1, of the Convention which states that, in determining types of hazardous work, relevant international standards must be taken into consideration, particularly Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee points out in particular that Paragraph 3 of Recommendation No. 190 sets out a list of activities to which the Government might give special consideration in determining types of hazardous work, namely: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels or vibrations damaging to their health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee wishes to bring to the attention of the Government the provisions of Article 1 which requires the Government to take immediate measures to prohibit the worst forms of child labour. The Committee trusts that the regulations on types of hazardous work prohibited for young persons, drawn up by the National Council for Children and Young Persons, will be adopted shortly and requests the Government to provide information on any progress made in this respect.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. The Committee notes that, according to the Government, the National Committee for the Gradual Elimination of Child Labour (CONEPTI) has developed a strategy for the purpose of: developing specific policies on the prevention and elimination of the worst forms of child labour; ensuring that existing social policies contribute to eliminating the worst forms of child labour; and promoting education as a fundamental tool for eliminating the worst forms of child labour. The Committee requests the Government to provide information on the strategy developed by CONEPTI and to indicate how it contributes to applying the Convention, in accordance with Article 5 of the Convention.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. In its previous comments, the Committee noted that the Government had embarked on several projects to abolish child labour and in particular to eliminate hazardous work in various sectors. The Committee took note in this connection of the project to eliminate child labour in brickworks (Quito and Cuenca) and the project to eliminate child labour in refuse dumps (Santo Domingo de los Colorados). The Committee notes that the Government has provided no information on these two projects. It again requests information on their implementation and the results obtained.

Article 7, paragraph 1. Penalties. In its previous comments, the Committee observed that the national legislation imposes penalties only for breach of the provisions on prostitution and hazardous work. It reminded the Government that, according to Article 3 of the Convention, the worst forms of child labour include all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom; the forced or compulsory recruitment of children for use in armed conflict; and the use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes the information sent by the Government that Congress is currently examining a bill which is to increase significantly the penalties that will be applied to persons found guilty of using girls and boys for sexual exploitation, trafficking or unlawful displacement. The Committee trusts that the bill will shortly become law and will abolish all forms of slavery or similar practices, such as debt bondage and serfdom and forced or compulsory labour, including the forced or compulsory hiring of children for use in armed conflict; and the use, procuring or offering of children for the production of pornography or for pornographic performances. The Committee requests the Government to report on these developments.

Article 7, paragraph 2. Effective and time-bound measures. In its previous comments, the Committee noted that the Government planned, with cooperation from ILO/IPEC, to implement a Time-bound programme (TBP) in order to abolish the worst forms of child labour. It further noted that studies were being conducted in Ecuador, with the participation of ILO/IPEC, in order to determine the extent to which children are engaged in the worst forms of child labour and identify these forms of child labour promptly. The studies covered the following sectors: sexual exploitation, construction, banana and flower-growing, small-scale mining and refuse dumping. The Committee further noted that studies were to be conducted to establish the situation of child labour in domestic work and subsistence agriculture. It again requests the Government to provide information on the implementation of the TBP and the results obtained in terms of: (a) preventing the engagement of children in the worst forms of child labour; (b) providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration; (c) ensuring access to free basic education, and, wherever possible and appropriate, vocational training, for all children removed from the worst forms of child labour; (d) identifying and reaching out to children at special risk; and (e) taking account of the special situation of girls.

Clause (b). Removing children from the worst forms of child labour and ensuring their rehabilitation and social integration. The Committee takes note of the document on the system for monitoring child labour in the small-scale traditional mining sector in Bella Rica, published by ILO/IPEC, Lima, in August 2004. According to this document, child labour in these mines is deemed to constitute hazardous work within the meaning of Article 3(d) of the Convention. The Committee notes that nearly 300 boys and girls aged from 17 to 18 years work in traditional gold mines in Bella Rica. The document further indicates that one of the activities carried out under the "Project to Eliminate Child Labour in the Traditional Mines at Bella Rica" has been to remove boys, girls and young people from such work and to prevent it. The Committee requests the Government to indicate the number of children actually removed from such work in the context of this project.

Clause (d). Identifying children at special risk. In its previous comments, the Committee noted that, in its Concluding Observations (CRC/C/15/Add.93, paragraphs 29 and 30) on the initial report of Ecuador, the Committee on the Rights of the Child expressed concern at the insufficient measures to address the serious issues of child labour, particularly domestic labour and the economic and sexual exploitation of children. More and more children are living or working in the street and require special attention because of the risks to which they are exposed. That committee recommended that the Government should pay particular attention to research and monitor the situation of these children and all those forced to engage in hazardous labour, including domestic service and prostitution. The Committee renews its request to the Government to provide information on the measures taken or envisaged to protect children in domestic service and street children against the worst forms of child labour.

Article 8. Enhanced international cooperation and/or assistance. In its previous comments the Committee noted that in its Concluding Observations (CRC/C/15/Add.93, paragraph 30) on the initial report of Ecuador, the Committee on the Rights of the Child took note of the Government’s efforts to combat the trafficking and sale of children, but remained concerned about the lack of sufficient preventive measures in this area. Concerning the trafficking of boys and girls into neighbouring countries for work, including prostitution, the abovementioned committee recommended that measures be taken on an urgent basis, such as a comprehensive programme of preventive measures, including an awareness-raising campaign and educational programmes directed in particular at rural areas and concerned government officials, and measures to rehabilitate victims. It furthermore strongly encouraged the Government to engage in cooperation with neighbouring countries. The Committee again requests the Government to provide information on the measures taken or envisaged for cooperation with neighbouring countries and the prevention of the sale and trafficking of children for the purpose of economic and sexual exploitation.

Parts IV and V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted that, according to a report published by IPEC South America in July 2001 "Studies and statistics - National diagnosis", Ecuador has made significant progress in child protection standards. It observed, however, that in practice a number of problems remained, particularly as regards sexual exploitation and the construction, banana and flower-growing sectors, small-scale traditional mining, refuse dumping, domestic work and subsistence agriculture, all of which are areas targeted by the TBP. The Committee also noted that the statistics and data did not relate specifically to the worst forms of child labour. Noting that the Government has provided no information on the statistics, the Committee again asks it 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 penalties imposed. To the extent possible, the information provided should be disaggregated by sex.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes note of the Government’s first report.

Article 1 of the Convention. The Committee notes the information supplied by the Government in its first report. It notes that the Government is taking various measures, both legislative and in the area of technical cooperation, to eliminate the worst forms of child labour. The Committee notes with interest that, in cooperation with ILO/IPEC, the Government is planning to implement a time-bound programme to eliminate the worst forms of child labour. It requests the Government to indicate the measures taken under the programme to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency.

Article 3. Worst forms of child labour. Clause (a). 1. Slavery, debt bondage and the trafficking of children. The Committee notes that, according to article 23(4) of the Constitution, slavery, all forms of bondage and the trafficking of persons are prohibited. It also notes that according to section 70 of the Children’s and Young Persons’ Code of 2003, trafficking of children means the abduction, transfer or holding of a boy, a girl or a young person, within or outside the country and by whatever means, with the aim of using him or her for prostitution, sexual or economic exploitation, pornography, the trafficking of drugs, the trafficking of organs, bondage, illegal adoption or any other unlawful activity. The means of trafficking include substitution of a person, consent obtained by fraudulent means or force, and the giving or receiving of payments or undue benefits for the purpose of obtaining the consent of the parents, guardians, persons or institution having guardianship of the boy, girl or young person, i.e. a person under 18 years of age (section 4 of the Code of 2003).

2. Forced or compulsory labour. The Committee notes that article 23(17) of the Constitution prohibits forced labour. It also notes that under section 81 of the Children’s and Young Persons’ Code of 2003, boys, girls and young persons have the right to protection by the State, society and the family against economic exploitation and all forms of slavery, bondage and forced labour.

3. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes the information supplied by the Government in its report that section 5 of the Compulsory Military Act, as amended, establishes 18 to 55 years as the age of liability for military service. It also notes that under section 57(3) of the Children’s and Young Persons’ Code of 2003, it is forbidden to recruit, or allow the direct participation of, boys, girls and young persons in internal or international armed conflicts.

Clause (b). Use, procuring or offering of a child for prostitution or pornography. The Committee notes that article 50(4) of the Constitution requires the State to take measures to ensure that children and young persons are protected against pornography, prostitution and sexual exploitation. It also notes that section 52(1) of the Children’s and Young Persons’ Code of 2003 prohibits the participation of boys, girls and young persons under 18 years of age (section 4 of the Code) in productions of a pornographic nature. According to section 69 of the Code, sexual exploitation means child prostitution and pornography. Child prostitution means the use of a boy, girl or young person in sexual activities in exchange for payment or any other remuneration; and child pornography means any representation, by any means whatsoever, of a boy, girl or young person engaging in explicit sexual activities, whether real or simulated, or any representation of their genital organs, for the purpose of encouraging, suggesting or evoking sexual activity.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that section 78 of the Children’s and Young Persons’ Code of 2003 establishes the right of boys, girls and young persons to be protected against participation in the production, marketing and advertising of the following: alcoholic beverages, tobacco, narcotics and psychotropic substances, weapons, explosives, and substances that endanger life and personal safety. The Committee also notes that, furthermore, section 70 of the Children’s and Young Persons’ Code of 2003 defines the trafficking of children as the abduction, transfer or holding of a boy, girl or young person, within or outside the country and by whatever means, for the purpose of using him or her for drug trafficking or any other unlawful activities. The Committee observes that section 78 of the Code of 2003 establishes a right and not a prohibition. It reminds the Government that pursuant to Article 3(c) of the Convention, the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties, are considered to be one of the worst forms of child labour, and that Article 1 of the Convention requires each Member which ratifies the Convention to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour. The Committee therefore asks the Government to provide information on the measures taken or envisaged to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs.

The Committee further notes that section 74 of the Children’s and Young Persons’ Code of 2003 requires the State to adopt legislative, administrative, social, educational and other measures necessary for the protection of boys, girls and young persons, and to implement policies and programmes to prevent sexual exploitation, trafficking in persons and the unlawful transfer of persons. It requests the Government to indicate whether any such measures, policies and programmes to combat child labour have been adopted, and to provide copies of them.

Clause (d). Hazardous work. The Committee notes that section 138(1) of the Labour Code prohibits the employment of men and women under 18 years of age in an industry or in work which is deemed to be hazardous or unhealthy, such industry or work being determined in special regulations. The Committee further notes that under section 87(1) of the Children’s and Young Persons’ Code of 2003, young persons, namely persons 12 to 18 years of age (section 4 of the Code of 2003) may not be employed in certain hazardous activities.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes that section 138(2) of the Labour Code sets forth a list of industries deemed to be hazardous and which are covered by the prohibition. It further notes that section 138(1) of the Labour Code specifies that the activities prohibited for women and men under 18 years of age in industries or work deemed to be hazardous or unhealthy are to be determined in special regulations. In its report, the Government states that in order to specify and update the hazardous work prohibited for young persons and children, there have been two nationwide consultations, one with civil society and interested state bodies, including the representative organizations of employers and workers, and the other with the indigenous population. Following these consultations, two reports were prepared which will enable the work prohibited for children to be updated and regulations to be drafted, in accordance with section 138 of the Labour Code.

The Committee notes that section 87(1) of the Children’s and Young Persons’ Code of 2003 prohibits work by young persons, namely persons 12 to 18 years of age, in certain jobs such as work in mines, refuse dumps and extractive industries, the handling of explosives or substances that are dangerous for physical development or health, work in places where alcoholic beverages are sold and work requiring the use of dangerous machinery. It further notes that pursuant to section 87(2) of the Code of 2003, the National Council for Children and Young Persons shall determine the types of work which are hazardous, harmful or dangerous for young persons. In so doing, the Council must take account of the risks for the life, personal safety, health, education, security and overall development of young persons. The Committee requests the Government to indicate whether the National Council for Children and Young Persons has determined the types of work which are hazardous and, if so, to provide copies of the relevant legislative provisions.

The Committee reminds the Government that, according to Article 4, paragraph 1, of the Convention, at the time of determining types of hazardous work, relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), must taken into consideration. It draws the Government’s attention in particular to Paragraph 3 of Recommendation No. 190, which lists types of work to which governments should give consideration in determining hazardous work, namely: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, under water, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; and (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee trusts that in drafting the regulations to set forth the types of hazardous work which are prohibited for young persons and children under 18 years of age, the Government will take into consideration the types of work listed in Paragraph 3 of Recommendation No. 190. It requests the Government to report on developments in this regard and to provide a copy of the regulations as soon as they have been adopted.

The Government is also asked to indicate whether the list of types of hazardous activities set forth in section 138(2) of the Labour Code has been replaced by the one in section 87(1) of the Children’s and Young Persons’ Code of 2003, or whether the two lists are complementary.

Paragraph 2. Identification of hazardous work. Noting that the Government has provided no information on this paragraph, the Committee requests it to indicate the measures taken or envisaged to identify where the types of work determined as hazardous exist, and to report on the results.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to this Convention. The Committee notes that, according to the Government, Convention No. 182 is applied by the Ministry of Labour and Human Resources, and more particularly by the Department of International Affairs and Integration where matters of standards are concerned. It also notes that as a result of its collaboration with ILO/IPEC, the Government adopted Decree No. 792 of 1997, under which the National Committee for the Gradual Elimination of Child Labour (CONEPTI) was established in 1997. The above Committee is composed of the Ministries of Labour and Human Resources, and Education, Culture and Well-being, national organizations of employers and workers, the National Institute for the Child and the Family (INNFA) and representatives of the ILO and UNICEF in an advisory capacity. The Committee requests the Government to provide information on the operation of CONEPTI and to indicate whether appropriate mechanisms have been set up to monitor the application of the Convention, in accordance with Article 5 of the Convention.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. 1. Projects in cooperation with ILO/IPEC. The Committee notes that, according to the information supplied by the Government in its report, since signing a Memorandum of Understanding with ILO/IPEC in 1997, the Government has been implementing a number of projects to abolish child labour, and in particular to eliminate hazardous work in various sectors. The Committee takes note of the following projects: project on the elimination of child labour in brickworks (Quito and Cuenca), refuse dumps (Santo Domingo de los Colorados) and small-scale mines (Bella Rica). The Committee requests the Government to provide information on the implementation of the abovementioned projects.

2. Time-bound programmes. The Committee notes that, according to a document published by IPEC South America, Time-bound programme, studies are being conducted in Ecuador with ILO/IPEC participation, to ascertain the extent of the employment of children in the worst forms of child labour and to identify these forms of child labour rapidly. The main areas covered by the studies are sexual exploitation, the construction sector, banana and flower cultivation, small-scale mining and refuse collection. The Committee requests the Government to provide information on the results of the studies now under way and of the action programmes implemented as a result of the above studies in order to eliminate the worst forms of child labour referred to above.

The Committee also notes that, according to the abovementioned Time-bound programme, other measures are to be taken in order to complete the preparatory activities of the time-bound programme. It notes in particular that studies will be conducted in order to ascertain rapidly the situation of child labour in domestic work and subsistence agriculture. It requests the Government to provide information on the results of the abovementioned studies.

Paragraph 2. Consultations with government institutions and employers’ and workers’ organizations and other groups concerned. The Committee requests the Government to indicate whether consultations were held with employers’ and workers’ organizations when the abovementioned programmes were prepared. It requests the Government to indicate to what extent the views of other concerned groups were taken into consideration.

Article 7, paragraph 1. Measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention. The Committee notes that sections 528.1 and 528.5 of the Penal Code provide for penalties of imprisonment of from two to four years for: encouraging and facilitating the prostitution of another person; encouraging or facilitating the entry to or exit from the country or the transfer within the country of persons for the purpose of prostitution. It further notes that under sections 528.2 and 528.6 of the Penal Code, the prison sentence will be heavier where the offence is committed against minors under 14 years of age. With regard to hazardous work, the Committee notes that section 148 of the Labour Code provides for penalties of imprisonment for breach of the provisions prohibiting night work by children (section 137) and prohibiting the employment of men and women under 18 years of age in hazardous activities (section 138). Section 95 of the Children’s and Young Persons’ Code of 2003 establishes penalties for breach of the provisions on the work of boys, girls and young persons. A fine of from $50 to $300 applies if the breach is committed by the parents or guardians; and a fine of from $200 to $1,000 applies if the offender is the employer or any other person benefiting directly from the work of boys, girls and young persons. The Committee requests the Government to provide information on the application of the abovementioned provisions in practice.

The Committee notes that the abovementioned provisions address only prostitution and hazardous work. It reminds the Government that, according to Article 3 of the Convention, the worst forms of child labour also cover all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict; the use, procuring or offering of a child for the production of pornography or for pornographic performances; the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties. The Committee accordingly asks the Government to indicate the measures taken to ensure the effective implementation of the Convention, in particular by the establishment of penalties.

Paragraph 2. Effective and time-bound measures. 1. Time-bound programmes. The Committee notes the information supplied in the Government’s report concerning the legislative measures taken to give effect to this provision of the Convention. It observes, however, that the Government has sent no information on time-bound measures to: (a) prevent the engagement of children in the worst forms of child labour; (b) provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration; (c) ensure access to free basic education and, wherever possible and appropriate, vocational training, for all children removed from the worst forms of child labour; (d) identify and reach out to children at special risk; and (e) take account of the special situation of girls. The Committee requests the Government to provide information on the measures taken or envisaged to prevent child labour in the areas of sexual exploitation, the construction sector, banana and flower growing, small-scale traditional mines, refuse dumps, domestic work and subsistence agriculture, as well as the other worst forms of child labour identified by the Government, in accordance with Article 7, paragraph 2(a)-(e), of the Convention.

2. Child labour in mines. The Committee notes the report published by ILO/IPEC on the national seminar on child labour in mines supplied by the Government. According to the above report, one way of preventing the employment of children in mines would be to adapt the education system to the needs of boy and girl workers and to carry out inspections. The Committee requests the Government to indicate the measures to avoid child labour in mines.

Article 8. Enhanced international cooperation and/or assistance. The Committee notes the information supplied by the Government in its report to the effect that cooperation has been proposed between the member countries of the Andean Community in order to exchange information and experience concerning the elimination of child labour. The Committee further notes that in its concluding observations on Ecuador’s initial report (CRC/C/15/Add.93, paragraph 30), the Committee on the Rights of the Child noted Ecuador’s efforts to combat the trafficking and sale of children, but remained concerned about the lack of sufficient preventive measures in this area. Concerning the trafficking of boys and girls into neighbouring countries for work, including prostitution, the abovementioned Committee recommended that measures be taken on an urgent basis, such as a comprehensive programme of prevention, including an awareness-raising campaign and educational programmes, in particular in the rural areas and for concerned governmental officials, and of rehabilitation of the victims. It furthermore strongly encouraged the Government to engage in cooperation with neighbouring countries. The Committee requests the Government to provide information on the measures taken or envisaged in these areas.

Part IV of the report form. The Committee notes that, according to a report published by IPEC South America in July 2001 (Studies in statistics - National diagnosis), Ecuador has made significant progress in child protection standards. It notes, however, that in practice a number of problems remain, particularly in the areas of sexual exploitation, the construction sector, banana and flower growing, small-scale traditional mining, refuse dumps, domestic work and subsistence agriculture. Furthermore, the Committee notes that in its final observations on Ecuador’s initial report (CRC/C/15/Add.93, paragraphs 29 and 30), the Committee on the Rights of the Child expressed its concern at the insufficient measures addressing the serious issue of child labour, particularly domestic labour, and the economic and sexual exploitation of children. It expressed concern at the increasing number of children living and/or working on the streets, who require special attention because of the risks they are exposed to. The Committee recommended that the Government should pay particular attention to research and monitor the situation of children living and/or working on the streets, and those involved in hazardous labour, including domestic service and prostitution. The Committee requests the Government to provide information on the measures taken or envisaged to solve the practical difficulties encountered which are referred to above.

Part V of the report form. While noting the information and documents sent by the Government, the Committee observes that some of the statistics and data do not relate specifically to the worst forms of child labour. It accordingly asks 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 reported, penal sanctions applied, etc. To the extent possible, the information provided should be disaggregated by sex.