Solicitud directa (CEACR) - Adopción: 2010, Publicación: 100ª reunión CIT (2011)

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. In its previous comments, the Committee noted that section 367bis of the Penal Code prohibits and punishes the sale and trafficking of persons for the purpose of sexual exploitation. It noted that the national legislation contains no provision prohibiting the sale or trafficking of children under 18 years of age for economic exploitation. It further noted that a Bill punishing as criminal offences the trafficking of persons, including children, and the illicit traffic of migrants, is currently being examined by the Parliamentary Committee on Human Rights, Nationality and Citizenship.

The Committee notes that, according to the Government, the Committee on Human Rights, Nationality and Citizenship is engaged in the second reading of the Bill on human trafficking and the traffic of migrants. It observes, however, that, according to information available on the website of the Chamber of Deputies of Chile (www.camara.cl), the Bill was submitted in January 2005. It notes that, according to the Trafficking in Persons Report 2010 – Chile, published on the website of the United Nations High Commissioner for Refugees (www.unhcr.org), Chilean girls are trafficked for sexual and economic exploitation to Argentina, Peru, Bolivia and Spain. Girls from neighbouring countries such as Argentina and Peru, in addition to Colombia, Ecuador and China are coerced into prostitution or domestic servitude in Chile. The Committee reminds the Government that, according to Article 3(a) of the Convention, the sale and trafficking of children under 18 years of age for economic or sexual exploitation constitutes one of the worst forms of child labour and that, according to Article 1, immediate and effective measures must be taken as a matter of urgency to secure the prohibition and elimination of this worst form of child labour. The Committee expresses the firm hope that the Bill on the trafficking of persons and the traffic of migrants will be adopted very shortly and that it will provide for prohibition of the sale and trafficking of children for the purpose of economic exploitation. It asks the Government to continue to provide information on all progress made in this regard. Furthermore, the Committee asks the Government to provide information on the practical application of section 367bis of the Penal Code, providing statistics of the number and nature of offences reported, the investigations held, prosecutions, convictions and the penalties applied.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee noted previously that the Committee on the Rights of the Child (CRC), in its concluding observations of February 2008 on the Government’s initial report on the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (CRC/C/OPSC/CHL/CO/1, paragraph 19), expressed concern at the low level of awareness about the existence of child pornography in the country, the increase in the prostitution of the boy child and the increase in the incidence of sex tourism in Chile. It noted that, although the legislation appears to conform with the Convention on this matter, these worst forms of child labour remain a problem in practice.

The Committee takes due note of the statistical data from the Unified System of Registration of the Worst Forms of Child Labour sent by the National Service for Minors (SENAME) and enclosed with the Government’s report. It observes that, between June 2003 and 2010, this system registered 39 cases of child pornography involving children of 7–18 years of age and 994 cases of use of children between 7 and 18 years of age for commercial sexual exploitation. The Committee requests the Government to send information on the application of the provisions of the Penal Code in practice, sending statistics of the number of investigations held, prosecutions, convictions and penal sanctions applied.

Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee noted the adoption of Act No. 20.000 of 16 February 2005, and observed that it does not prohibit the use, procuring or offering of a child under 18 years of age for illicit activities. In its report the Government indicates that this activity, being a target of the Unified System of Registration of the Worst Forms of Child Labour, it is possible to detect the use of boys and girls in this worst form of child labour, to take them under care and assess the vulnerability of victims under 14 years of age.

The Committee notes that, according to the Government, new legislative measures to bring national law into line with the Convention on this point have not yet been adopted. It nonetheless observes that, according to statistics from the Unified System of Registration of the Worst Forms of Child Labour sent by SENAME, between June 2003 and 2010 the System registered 96 cases of children aged from 9 to 18 years engaged in drug production and trafficking, and 390 cases of children of 5–18 years being used by criminal adults. Recalling that, according to Article 3(c) of the Convention, the use, procuring or offering of a child for illicit activities, including the production and trafficking of drugs, constitutes one of the worst forms of child labour and that, pursuant to Article 1, immediate and effective measures must be taken as a matter of urgency to secure the prohibition and elimination of this worst form of child labour, the Committee accordingly urges the Government to take all necessary measures as a matter of urgency, to secure, both in law and in practice, the prohibition of the use, procuring or offering of a child under 18 years of age for illicit activities and to provide for appropriate penalties. It asks the Government to continue to provide information on all new developments in this regard.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Commercial sexual exploitation. Further to its previous comments, the Committee notes the information in the Government’s report that the “No hay excusas” awareness-raising campaign was launched in September 2009 in the tourism sector with the cooperation of the National Tourism Service (SERNATUR) and ILO–IPEC. As part of the campaign, awareness-raising material was circulated and banners were set up in Chile’s three border areas and main airport. As a further measure, the slogan “in Chile sexual exploitation is a crime” (en Chile la explotación sexual es un crimen) was stamped on all entry visas. The Committee also notes that SENAME and SERNATUR have concluded a cooperation agreement to draw up a joint plan of action providing for training and for awareness-raising and mobilization activities with a view to producing a code of conduct for the protection of children from commercial sexual exploitation in the tourism sector. The Committee welcomes the measures adopted by the Government to prevent and combat the commercial sexual exploitation of children in the tourism sector and encourages the Government to pursue its efforts to raise awareness among all actors in the tourist industry, and asks it to continue to provide information in this regard.

Clause (b). Assistance for the removal of children from the worst forms of child labour. Commercial sexual exploitation. Further to its previous comments, the Committee notes that, according to the Government, a national observatory on the sexual exploitation of children for commercial purposes, coordinated by SENAME, has been established. Furthermore, it notes with interest that, in the course of 2009, 14 projects were devised for the provision of assistance to victims of sexual exploitation and assisted 974 children and young persons, of whom 772 were girls and 202, boys. In addition, two new projects were launched in 2010 allowing a further 110 children to be assisted in two parts of the country particularly affected by commercial sexual exploitation, namely Arica (a town on the border with Peru) and the area to the west of Santiago. The Committee also notes the information in the Trafficking in Persons Report 2010 – Chile, that, in partnership with the International Organization for Migration (IOM), the Government conducted eight training sessions throughout the country on the identification and treatment of trafficking victims. The courses were attended by 600 prosecutors, police officers and immigration officials. The Committee takes due note of the measures taken by the Government and encourages it to continue to take steps to withdraw children from commercial sexual exploitation and asks the Government to provide further information on the specific measures taken for the rehabilitation and social integration of children removed from this worst form of child labour.

Clause (d). Children at special risk. 1. Street children. The Committee noted previously that the CRC, in its concluding observations of April 2008 (CRC/C/CHL/CO/3, paragraph 67) on the Government’s third periodic report on the Convention on the Rights of the Child, expressed concern at the high number of street children, the lack of available social services and reintegration measures and the stigmatization they continued to suffer. It noted that SENAME has introduced four projects which have benefited 210 boys and girls and their families. Furthermore, following the conclusions of an intersectoral workshop attended by government bodies, including the National Commission for Narcotics Control (CONACE) and the Ministry of Social Planning (MIDEPLAN), representatives of employers’ and workers’ organizations and NGOs, measures were planned to secure the reintegration of street children in their families and society.

The Committee notes the information sent by the Government to the effect that a new programme for street children was started up in 2010 in the north metropolitan region which, together with the four existing projects, allows a total of 270 children to be reached. It also notes that a registration and rapid detection system to cover street children and adolescents in the metropolitan region has been established. According to the Government, 230 children under 18 years of age were registered in the system in 2009. The Committee considers that street children are particularly vulnerable to the worst forms of child labour, and accordingly encourages the Government to continue to take measures to protect these children from the worst forms of child labour and requests the Government to send information on the impact of the action undertaken in terms of the number of children actually removed from the street. It also requests the Government to provide detailed information on the specific measures taken to ensure the rehabilitation and social integration of these children, and the number of children who have benefited from them.

2. Indigenous children. In its previous comments the Committee noted that the CRC, in its concluding observations of April 2008 (CRC/C/CHL/CO/3, paragraph 61), noted the affirmative action undertaken to improve equal access to education for indigenous children. The CRC nonetheless expressed concern that access to education for children belonging to vulnerable groups, such as indigenous peoples, was still inadequate. The Committee observed that the children of indigenous peoples benefit from SENAME’s prevention and protection programmes. It also noted that a policy on new relations with indigenous peoples was formulated in 2007. Furthermore, it noted with interest that Chile ratified the Indigenous and Tribal Peoples Convention, 1989 (No. 169), in September 2008.

The Committee notes that the Government’s report contains no information on this matter. It nonetheless notes the information supplied by the Government in its report under Convention No. 169 to the effect that a programme for education in the Aymara, Quechua, Mapuzugun and Rapa Nui languages was approved for primary education by the Higher Education Council and that such a programme is to be prepared for basic secondary education. Considering that children of indigenous peoples are often victims of exploitation, which can take many forms, and are exposed to the risk of being involved in the worst forms of child labour, the Committee accordingly asks the Government to provide information on the time-bound measures taken, in particular under SENAME’s prevention and protection programmes and the policy on new relations with indigenous peoples, to ensure that the children of these peoples have easier access to the education system as a means of protecting them from the worst forms of child labour. The Committee also requests the Government to provide information on the results achieved.

Article 8. International cooperation. Sale and trafficking of children. In its previous comments the Committee noted with interest that the
Chilean–Bolivian Border Committee has produced a bilateral plan for action up to 2010 which aims in particular to reinforce the prevention of the worst forms of child labour in the two countries, including trafficking for the purpose of economic exploitation or commercial sexual exploitation.

The Committee notes that, according to the Government, three meetings attended by Chilean and Bolivian delegates have been organized in the context of the bilateral action plan. According to the Government, one of the main measures adopted was the submission of a project prepared by the Bolivian Ministry of Justice for joint action on prevention, protection and legal cooperation. The Committee also notes that, according to information in the Trafficking in Persons Report 2010 – Chile, the Government of Chile signed partnership agreements on anti-trafficking judicial matters with Paraguay, the Plurinational State of Bolivia, and the Dominican Republic, and provided training to 250 prosecutors in these countries. While taking due note of the measures it has taken, the Committee asks the Government to provide additional information on the impact of the agreements concluded with the Plurinational State of Bolivia, Paraguay and the Dominican Republic in terms of the number of child victims of trafficking detected and returned to their countries of origin. It also asks the Government to provide information on the measures taken to ensure the rehabilitation and social integration in their countries of origin of children removed from trafficking.

Part V of the report form. Application of the Convention in practice. Further to its previous comments, the Committee takes due note of the Government’s statement that a second national survey on child labour and its worst forms will be conducted in 2011. It further notes that a new study on the sexual exploitation of children for commercial purposes is to be conducted by SENAME with the cooperation of ILO–IPEC. The Committee asks the Government to provide with its next report copies of the second national survey on child labour and the study on the sexual exploitation of children for commercial purposes.