Observación (CEACR) - Adopción: 2004, Publicación: 93ª reunión CIT (2005)

The Committee takes note of the observations made by the Inter-Union Commission of El Salvador (CATS-CTD-CGT-CTS-CSTS-CUTS), dated 13 September 2002, and the International Confederation of Free Trade Unions (ICFTU), dated 3 February 2003. The Committee also notes the comments provided by the Government in reply to the questions raised in these communications. It requests the Government to provide information on the following points.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. In its observation, the CATS-CTD-CGT-CTS-CSTS-CUTS indicates that the number of children engaged in the worst forms of child labour is on the increase in El Salvador. It adds that no policy has been drawn up to improve knowledge of the worst forms of child labour and eliminate them, and that the trade union organizations have not been consulted for this purpose.

In its responses, the Government indicates that several forms of action have been taken with the view to eliminating child labour, and particularly the worst forms of child labour. In this respect, El Salvador is one of the three first countries to participate in the Time-Bound Programme (TBP) on the worst forms of child labour. Moreover, following the ratification of the present Convention, the Government established a National Committee for the Elimination of Child Labour, which has prepared a National Plan for the Elimination of the Worst Forms of Child Labour in the framework of the ILO/IPEC TBP on the worst forms of child labour (2002-05). The plan of action includes a series of activities intended to strengthen the capacities of institutions in the country so that they can address the problem and improve the living conditions of children engaged in the worst forms of child labour. These include the preparation of six rapid assessment studies in various sectors and activities, namely domestic work, street work, hazardous work in the fishing sector, public rubbish dumps, sugar cane plantations and commercial sexual exploitation. Similar studies had also previously been undertaken in the firework production and coffee plantation sectors. Following these studies, the Government determined five of the worst forms of child labour for which it would take priority action: the firework industry, the fishing sector, rubbish dumps, sugar cane and sexual exploitation. The Committee notes that, according to the document entitled "Combating the worst forms of child labour in El Salvador (2002-05)", the TBP will be implemented in collaboration with the various members of the Government, employers’ and workers’ organizations, bilateral and international donors, the media, community organizations and other civil society organizations. The Committee requests the Government to provide information on the implementation and impact of the TBP.

Article 3. Worst forms of child labour. Clause (a). Sale and trafficking of children for the purposes of sexual exploitation. In its observation, the CATS-CTD-CGT-CTS-CSTS-CUTS indicates that an ever increasing number of boys and girls are sexually exploited. In its observation, the ICFTU states that the trafficking of persons for the purposes of sexual exploitation, including through networks of forced prostitution involving children, is a major problem in El Salvador. The child victims of trafficking come from Mexico, Guatemala and other countries in the region for the purposes of prostitution. There is also a network for the internal trafficking of persons.

The Committee notes that the Government adopted Decree No. 210 on 25 November 2003, which amends several provisions of the Penal Code respecting sexual exploitation. The Committee notes in this respect that section 169 of the Penal Code provides that any person who incites, facilitates, encourages, finances or organizes, in any manner whatsoever, the use of persons under 18 years of age in acts of a sexual or erotic nature, individually or in groups, in public or in private, shall be liable to a sentence of between three and eight years’ imprisonment. The Committee also notes that section 170 of the Penal Code provides that any person who causes, through coercion or by abusing a situation of need, the prostitution of a person or their maintenance in this situation, shall be liable to a sentence of between six and 18 years of imprisonment. If the victim is a person under 18 years of age, the sentence may be increased by three-quarters of the maximum sentence. Furthermore, section 367-B of the Penal Code provides that any person who, for her or himself or as a member of an international organization and with the intention of obtaining economic benefit, transports, removes, accepts or receives persons, both within and outside the national territory, for the purposes of sexual exploitation, is liable to a sentence of between four and eight years of imprisonment. If the victim is a person under 18 years of age, the sentence may be increased by three quarters of the maximum penalty.

The Committee reminds the Government that, under Article 3(a) of the Convention, the sale and trafficking of children for the purposes of sexual exploitation, and particularly prostitution, is considered to be one of the worst forms of child labour and that, in accordance with Article 1 of the Convention, each Member which ratifies it shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. Although the legislation appears to be in conformity with the Convention on this matter, the Committee notes that the sale and trafficking of children for the purposes of sexual exploitation constitutes a problem in practice. The Committee requests the Government to renew its efforts to secure the effective implementation of the legislation protecting children against their sale and trafficking for the purposes of sexual exploitation, including prostitution. It also requests the Government to provide information on the penalties imposed in practice by providing, among other information, reports on the number of convictions.

Article 5. Mechanisms to monitor the implementation of the provisions of the Convention. In its communication, the ICFTU states that, despite the ILO/IPEC activities in the country to eliminate the worst forms of child labour, the low level of resources available to the Ministry of Labour is resulting in the unregulated sector of the economy being subject to little monitoring. The ICFTU concludes by emphasizing that economic activities by children in the worst forms of child labour are very widespread in the unregulated rural and urban economies. These economies remain outside the scope of the inspection services, even though they account for the largest number of working children.

The Committee notes that the National Committee for the Elimination of Child Labour is responsible for proposing action and policies to give effect to the Convention, and for ensuring the rehabilitation and social integration of the children concerned and the needs of their families. It is composed of the Ministry of Labour and Social Insurance, the Ministry of Education, the Ministry of Public Health and Social Assistance, the Ministry of Governance, the Ministry of Agriculture and Stock-raising, representatives of employers’ and workers’ organizations, the El Salvador Institute for the Protection of Young Persons (ISPM), the National Family Council and representatives of NGOs (the EXDO Foundation and Save the Children US). The Committee requests the Government to provide information on the functioning of the National Committee for the Elimination of Child Labour and to indicate whether it has established appropriate mechanisms to monitor the implementation of the Convention, particularly with regard to the sale and trafficking of children for the purposes of sexual exploitation.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes that, in its concluding observations on the Government’s second periodic report in June 2004 (CRC/C/15/Add.232, paragraphs 63 and 64), the Committee on the Rights of the Child expressed concern about the extent of sexual exploitation and trafficking in El Salvador and the lack of effective programmes to address the problem. The Committee on the Rights of the Child also regretted the lack of information on assistance and reintegration programmes for children who have been victims of sexual exploitation and trafficking. The recommendations of the Committee on the Rights of the Child to the Government include: strengthening measures and adopting multidisciplinary and multisectoral approaches to combat the sexual exploitation of children and adolescents; conducting a comprehensive study to assess the causes, nature and extent of trafficking and commercial sexual exploitation of children; ensuring that trafficked children and children who have been subjected to sexual exploitation are always treated as victims; ensuring that the perpetrators are prosecuted; and providing programmes of assistance and reintegration for sexually exploited and trafficked children in accordance with the Declaration and Agenda for Action adopted at the 1996 and 2001 World Congresses Against Commercial Sexual Exploitation of Children.

The Committee notes that, according to the information available to the Office, a National Plan of Action against the commercial sexual exploitation of girls, boys and young persons (ESCNNA) (2001-04) has been developed with the assistance of ECPAT (an international NGO combating child prostitution, child pornography and the trafficking of children). The Committee requests the Government to provide information on the implementation of the National Plan of Action and its impact on the commercial sexual exploitation of girls, boys and young persons, and particularly on the rehabilitation and social integration of child victims of trafficking for the purposes of prostitution.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes that the TBP will be of direct benefit to around 9,300 children, to 16,780 of their brothers and sisters under 18 years of age and to 5,050 families in the selected regions of the country. According to the information contained in the document "Combating the worst forms of child labour in El Salvador (2002-05)", economic alternatives are provided for the families of children engaged in the worst forms of child labour so as to remove them from their work. Furthermore, educational measures are provided for children who are removed from the worst forms of child labour concerned and measures taken for their rehabilitation and social integration.

Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee notes that the above document does not provide any figures for the number of girls, boys and young persons who will be covered by the programme of action on commercial sexual exploitation. It also notes that one of the activities targeted by the TBP is the sexual exploitation of children. The Committee requests the Government to indicate the number of children who will be prevented by the TBP from being engaged in the commercial sexual exploitation sector.

Clause (c). Access to free basic education. In its communication, the ICFTU indicates that education is compulsory and, in theory, free up to the age of 14 years. However, additional fees are required, preventing children from poor families from attending school. The vast majority of children who work do so to the detriment of their school attendance.

The Committee notes that, in the context of the TBP on the worst forms of child labour, educational measures are provided for children removed from the worst forms of child labour concerned. Young persons under 14 years of age will be placed in primary schools, receive psychological and educational support and tutorial and educational assistance to help them succeed at school. Those of 14 and 15 years of age will undergo transitional education, where necessary, and will receive pre-vocational training. Young persons aged between 16 and 17 years will benefit from vocational training and assistance in finding a job.

The Committee notes that, under section 5 of the General Education Act, nursery and basic education is free. Under section 20 of the Act, basic education includes nine years of schooling, from the first to the ninth year, normally beginning at the age of seven. According to the information provided by the Government, the age of completion of compulsory schooling is 14 years. The Committee notes that the Act of 1996 respecting vocational training established the INSFORP, the body responsible for managing and coordinating the system of vocational training and apprenticeship. The Committee takes due note of the Government’s efforts to improve the access to education of children removed from work. It requests the Government to provide information on the number of children who, after being removed from work, are in practice reintegrated into basic education or follow pre-vocational or vocational training.

Clause (d). Children at special risk. In its communication, the CATS-CTD-CGT-CTS-CSTS-CUTS indicates that an ever increasing number of girls and boys are the victims of hazardous working conditions. Street work exposes them to various abuses and to accidents. Moreover, the practice of "handing over" boys and girls to families still exists in the country. These children are then used as domestic servants and work for long hours without adequate remuneration and without attending school.

The Committee takes note of the Rapid Assessment Study on domestic work by children published by ILO/IPEC in February 2002. According to this study, 93.6 per cent of children working in domestic service are girls. Moreover, this is the activity which has the most impact on the school attendance of children. Around 30.9 per cent of child domestic workers attend school. Of this number, 26.5 per cent of girls do so on an irregular basis, attending school between two and three times a week. The Committee notes that, according to the latest information provided by the Government, the ILO/IPEC programmes of action have benefited children in the coffee industry and domestic work. In the coffee sector, of the 8,074 children targeted, 1,972 have been removed from work, 2,437 have been prevented from working and 3,665 have benefited indirectly from the programme. With regard to domestic work, of the 900 children targeted, 500 have been prevented from working and 400 have benefited from the programme.

The Committee notes that domestic work, as well as street work and work in coffee plantations, will be the next sectors taken into account by the Government in the context of the TBP on the worst forms of child labour. The Committee expresses concern at the situation of child domestic workers in El Salvador. It therefore requests the Government to pursue its efforts and to take the necessary measures to intervene rapidly in this sector.

Clause (e). Special situation of girls. The Committee notes the figures contained in the document "Combating the worst forms of child labour in El Salvador (2002-05)" concerning the number of girls engaged in the worst forms of child labour covered by the TBP. With regard to the commercial sexual exploitation sector, 66 per cent of the children exploited are girls, with 34 per cent being boys. The Committee notes that the percentage of girls engaged in the worst forms of child labour covered by the TBP is considerable. The Committee therefore requests the Government to indicate the manner in which it intends to pay special attention to these girls and remove them from the worst forms of child labour.

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