Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee noted that section 1 of the Order of 26 September 1969 on prohibiting trafficking in labour makes it an offence to traffic in workers; sections 412 and 413 of the Penal Code provide for penalties for the offences related to the abduction or detention of persons under the age of 18 years, by threat or force (for a person under 14 years, even without threat or force) for committing lewd or indecent acts; and section 426 of the Penal Code punishes any person who buys, sells, traffics or deals in slaves or persons in a condition resembling slavery. The Committee observed that these provisions appear to only protect children from some forms of trafficking, and constitute an incomplete prohibition, as provided for in Article 3(a) of the Convention. It further observed that the Order of 26 September 1969 only prohibits trafficking for the purpose of labour exploitation and does not address the trafficking of children for the purpose of sexual exploitation. Finally, the Committee observed that the prohibition on kidnapping does not appear to address the sale or purchase of a child for the purpose of sexual exploitation, nor the transport of a trafficked child.

The Committee notes the Government’s reference, in its report, to section 418 of the Penal Code which provides for penalties for compelling a woman to migrate abroad for prostitution. This provision also prescribe penalties, if the above offence is committed against a minor. However, the Committee observes that this provision appears to cover only minor girls and the penalties apply only for international trafficking.The Committee therefore requests the Government to take the necessary measures to ensure that a comprehensive prohibition on all forms of trafficking in children, which includes internal trafficking as well as trafficking of all children, including boys under the age of 18 years for the purpose of sexual exploitation, is adopted in the near future. It requests the Government to provide information on any measures taken in this regard.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that the provisions referenced by the Government (particularly section 1 of Act No. 56 of 1970 on the protection of morals in public places, section 1 of the Vagrant Young Persons Act of 5 October 1955 and the Penal Code) only prohibited public indecency, public distribution or exposing of pornographic materials and public pornographic performances, and did not explicitly prohibit the use, procuring or offering of persons under the age of 18 for the production of pornography.

The Committee notes that according to section 409 of the Penal Code, anyone who incites a minor under the age of 18 years to commit indecent acts or assists, enables or facilitates the minor in any way to commit a lewd act shall be punished.The Committee requests the Government to indicate if the prohibition under section 409 covers the use, procuring or offering of children for the production of pornography or for pornographic performances.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted that, while the production and trafficking of drugs is effectively prohibited in national legislation, the use, procuring or offering of a child for that objective, is not.

The Committee notes that the Government refers to section 463 of the Penal Code which states that anyone who, to secure a benefit for himself or another, takes advantage of the needs, weakness or inexperience of a person under the age of 21 years and induces him to carry out an action with legal effect designed to harm his interests or the interests of others shall be punished. The Government further refers to section 474 of the Penal Code which provides for penalties for employing a juvenile under the age of 18 years to conduct the trade of an itinerant vendor (who does trade without licence from the competent authorities or who does not observe the conditions prescribed by law for such practice or trade).The Committee requests the Government to provide information on the application in practice of sections 463 and 474 of the Penal Code with regard to the use, procuring or offering of a child under the age of 18 years for illicit activities, in particular for the production and trafficking of drugs.