Solicitud directa (CEACR) - Adopción: 2006, Publicación: 96ª reunión CIT (2007)

The Committee notes the information supplied by the Government. It notes in particular that a draft Children’s and Young Persons’ Code is being studied by the Committee for the Family, Women and Children, and requests the Government to provide information on any new developments in this area.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Forced or compulsory recruitment of children for use in armed conflict. In its previous comments, the Committee asked the Government to indicate whether the compulsory age of 18 years for enrolment in military service, established in article 215(1) of the Constitution, applies also to the situations set forth in article 215(2), i.e. where, in case of necessity, all nationals of El Salvador shall be treated as soldiers able to perform military duties. The Committee notes the Government’s indication that only Salvadoreans of 18 years and over may be called up, in cases of necessity, to take part in military duties.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee noted previously that although there are provisions in the national legislation that regulate control of the importation, exportation, manufacture, production and distribution of drugs, they do not prohibit the use, procuring or offering of children under 18 years of age for the purposes of illicit activities. It asked the Government to take the necessary steps to prohibit the use, procuring or offering of children under 18 years of age for illicit activities, in particular for the production and trafficking of drugs, in accordance with Article 3(c) of the Convention, and to adopt appropriate penalties. The Committee notes that, according to the Government, thanks to a variety of measures taken between 2004 and 2005 to combat the scourge of proliferating narcotics, particularly in the area of cooperation with other countries of Central America and the country’s drugs enforcement unit, significant progress has been made. It notes that large numbers of the members of gangs distributing drugs to minors for commercial purposes have been punished. Furthermore, in the context of the new national plan for the elimination of the worst forms of child labour, the main national laws and regulations on the worst forms of child labour are to be amended in order to step up child protection in this area. The Committee hopes that as part of the legislative amendments, measures will be taken expressly to prohibit the use, procuring or offering of a child under 18 years of age for illicit activities, particularly the production and trafficking of drugs, in accordance with Article 3(c) of the Convention, and that appropriate penalties will be adopted.

Article 4, paragraphs 1 and 3. Determination and periodical examination of types of hazardous work. With reference to its previous comments in which it asked the Government to indicate whether the Department of Employment consults organizations of employers and workers during the periodic examination of types of hazardous work, the Committee notes the Government’s indication that a national consultation attended by government institutions, organizations of employers and workers, the religious community and persons concerned by the problems of child labour was held in order to identify where hazardous work exists. It further notes that in the course of the consultation, an exhaustive list of criteria was drawn up to facilitate the definition of types of work that are hazardous to children.

Article 4, paragraph 2. Identification of where types of hazardous work exist. In its previous comments, the Committee noted the Government’s statement that in order to identify where work determined to be hazardous is performed, inspections are carried out in workplaces that involve high risks for the health, safety or morals of children, such as bars, restaurants, cafeterias and brothels. It noted that the examples cited by the Government concerned only the hotels and catering sector and asked the Government to indicate the measures taken or envisaged to identify other places where hazardous work is carried out. The Committee notes that, according to the Government, in the course of the national consultation, a series of specific intervention measures were identified for locating hazardous work and that inspections were accordingly carried out, particularly in the agricultural sector (sugar cane harvest), security agencies, supermarkets, the building industry and mechanics workshops.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the use of children in the worst forms of child labour. In its previous comments, the Committee requested the Government to provide statistical data of the number of children effectively prevented from being engaged in the worst forms of child labour as a result of the implementation of the Time-bound Programme (TBP). The Committee takes due note of the information supplied by the Government that more than 29,600 children (16,769 boys and 12,834 girls) have been prevented from being engaged in the worst forms of child labour in the following sectors: sugar plantations (18,603), the fishing industry (6,002), public refuse dumps (1,039), domestic work (500), the fireworks industry (293), coffee plantations (121) and street markets (608). The Committee encourages the Government to pursue its efforts and requests it to continue to provide information on the number of children effectively prevented from being engaged in the worst forms of child labour as a result of implementation of the TBP.

Clause (b). Removal of children from the worst forms of child labour. The Committee requested the Government to provide information on the measures taken to secure the rehabilitation and social integration of children removed from the worst forms of child labour, and on the economic alternatives provided for the families of such children. The Committee notes with interest that, according to the Government, more than 12,040 children (7,540 boys and 4,514 girls) have been withdrawn from the worst forms of child labour in the following sectors: sugar plantations (4,597), the fishing industry (3,550), public refuse dumps (520), the fireworks industry (817), coffee plantations (2,186) and street markets (352). The Committee takes due note of the measures taken to ensure the rehabilitation and social integration of children withdrawn from the worst forms of child labour, including vocational, refresher and literacy training. Furthermore, the National Council for the Family and the Salvadorean Institute for the Protection of Minors (ISPM) have set up psychosocial assistance for children removed from the worst forms of child labour and for their families. The Committee requests the Government to continue to provide information on the number of children actually withdrawn from the worst forms of child labour as a result of the TBP.

Clause (e). Special situation of girls. With reference to its earlier comments in which it requested the Government to indicate the manner in which it intended to pay particular attention to the special situation of girls and remove them from the worst forms of child labour, the Committee notes that, according to the statistical data provided by the Government, the special situation of girls is taken into account at all stages of implementation of the TBP. It further notes that, the National Council for the Family and the ISPM have engaged in advocacy regarding girls employed in the sugar cane harvest.

Article 8. International cooperation and assistance. With reference to its previous comments, the Committee takes due note of the information sent by the Government concerning its collaboration with other countries of Central America and various international organizations including the World Bank, the Inter‑American Development Bank and the United Nations Children’s Fund. It further notes that the Ministry of Education cooperates with other countries, including Japan, Italy and Spain, in devising action programmes to encourage parents to send their children to school. The Committee encourages the Government to continue to cooperate with other countries.

Parts IV and V of the report form. Application of the Convention in practice. The Committee previously requested the Government to continue to provide statistics and information on the nature, extent and trends of the worst forms of child labour, and particularly on the number of children covered by the measures giving effect to the Convention, the number and nature of the infringements reported, investigations, prosecutions, convictions and penalties. The Committee takes note of the statistical information sent by the Government on the extent and trends of worst forms of child labour in the country and on convictions and the nature of the infringements reported.