Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

Article 1 of the Convention. Measures to secure the prohibition and elimination of the worst forms of child labour. The Committee notes with interest that on 3 September 2002 the Government renewed until 2007 its Memorandum of Understanding (MOU) with ILO/IPEC. It further notes that in 1992 the Government drew up a National Plan on the Prevention and Elimination of Child Labour. The Committee requests the Government to provide information on the implementation of the abovementioned National Plan, particularly in terms of prohibiting and eliminating the worst forms of child labour.

Article 3. Worst forms of child labour. Clause (a). 1. Sale and trafficking of children. (i) For the purpose of sexual exploitation. The Committee notes that section 127bis of the Penal Code establishes penalties for anyone who causes or facilitates the entry to or exit from the country of a person under 18 years of age for the purpose of prostitution.

(ii) For the purpose of economic exploitation. The Committee notes that the national legislation appears to have no provision prohibiting the sale and trafficking of children under 18 years of age for the purpose economic exploitation. It reminds the Government that Article 3(a) of the Convention covers this form of exploitation as well. It accordingly asks the Government to provide information on the measures taken or envisaged to secure the prohibition of the sale and trafficking of children under 18 years of age for economic exploitation. It requests the Government to make provision for suitable and effective penalties.

2. Slavery or similar practices, debt bondage, serfdom and forced or compulsory labour. The Committee notes that, under articles 15 and 17 of the Constitution, slavery and similar practices are forbidden. It further notes that, under section 140 of the Penal Code, anyone subjecting a person to bondage or similar practices is liable to punishment. Furthermore, sections 141 and 142 of the Penal Code establish penalties for anyone depriving a person of their freedom. Lastly, section 142bis of the Penal Code imposes harsher sanctions if the victim is under 18 years of age on anyone abducting, detaining or hiding another person with the aim of forcing the victim or a third party, to do, not to do or to tolerate something against their will.

3. Forced or compulsory recruitment of children for use in armed conflict.  The Committee notes that section 8(c) of Act No. 24 429 of 1995 on voluntary military service sets the age of enrolment to such service at 18 years.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that, under section 125bis of the Penal Code, anyone procuring or offering minors under 18 years of age for prostitution is liable to punishment. The Committee observes that section 125bis of the Penal Code does not cover the use of a child for the purpose of prostitution. It therefore requests the Government to indicate whether the national legislation contains provisions prohibiting the use of children under 18 years of age for prostitution, in accordance with Article 3(b) of the Convention.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that, according to section 128 of the Penal Code, anyone producing or publishing pornographic images of minors under 18 years of age is liable to punishment. Anyone organizing artistic performances that include pornographic scenes involving minors under 18 years of age is likewise liable to punishment. The Committee further notes that under section 129, second paragraph, of the Penal Code, anyone causing the performance of obscene displays involving minors under 18 years of age with a view to their being seen involuntarily by others is liable to punishment. The Committee notes that although section 128 of the Penal Code establishes penalties for organizing artistic performances that include pornographic scenes involving minors under 18 years of age, it does not cover the use, procuring or offering of a child under 18 years of age for the production of pornography. The Committee draws the Government’s attention to the requirement under Article 1 to take immediate and effective measures to secure the prohibition and elimination of this form of child labour as a matter of urgency. The Committee therefore requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of children under 18 years of age for the production of pornography, in accordance with Article 3(b) of the Convention. It also asks the Government to adopt provisions imposing appropriate penalties for this offence.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that under section 11 of Act No. 23.737 on the punishment of narcotics-related offences, the production and trafficking of narcotics carry heavier penalties where they involve the use or procuring of minors under 18 years of age.

Clause (d). Hazardous work. The Committee notes that pursuant to section 3 of Act No. 20.744 on work contracts, the Act applies in respect of the legal standing, rights and obligations of the parties to a work contract where the latter is executed in Argentina, whether it was concluded in Argentina or elsewhere. According to section 21 of the Act, there is a work contract when a natural person undertakes to perform work or provide a service for another and under the latter’s dependence, for a fixed or indefinite period and in return for payment. The Committee notes that the abovementioned provisions of Act No. 20.744 on work contracts do not apply to children under 18 years of age who have no contractual employment relationship but carry out hazardous work. The Committee requests the Government to indicate the manner in which the national legislation provides for such children to be protected, in accordance with Article 3(d) of the Convention, against being engaged in work which, by its nature or the circumstances in which it is carried out, is liable to harm their health, safety or morals.

Article 4, paragraphs 1 and 3. Determination and review of the list of the types of the work determined as hazardous. The Committee notes that under sections 176 and 191 of Act No. 20.744 on work contracts, minors under 18 years of age who work in the morning and the afternoon may not be employed in activities that are difficult, hazardous or unhealthy. The Committee further notes that in the agricultural sector, section 112 of Act No. 22.248 lays down the same prohibition. Furthermore, sections 10 and 11 of Act No. 11.317 of 1924 on the employment of young people and women, and sections 1 and 2 of Decree No. 28 of 1925 implementing Act No. 11.317, list the types of work that are hazardous or liable to impair the health of minors under 18 years of age.

The Committee notes the information sent by the Government that the Subcommittee for the Analysis and Study of Convention No. 182 is currently examining the legislation on hazardous work applied in the other countries in the region. The purpose of the examination is to determine the types of hazardous work that should be prohibited for persons under 18 years of age in Argentina. The Committee likewise notes that, according to the Government, the National Committee for the Elimination of Child Labour (CONAETI) will be inviting employers’ and workers’ organizations to consultations on this matter. The Committee reminds the Government that, under Article 4, paragraph 1, of the Convention, the types of work referred to in Article 3(d) must be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, including Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee draws the Government’s attention to abovementioned Paragraph 3, which provides that in determining the types of work referred to under Article 3(d) of the Convention and in identifying where they exist, consideration should be given, inter alia, to: (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 or 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 trusts that in determining the types of hazardous work to be prohibited for minors under 18 years of age, the Government will take into consideration the types of work listed in Paragraph 3 of Recommendation No. 190. The Committee also requests the Government to provide information on the consultations held with organizations of employers and workers.

Paragraph 2. Identification of where hazardous work exists. The Committee notes that, according to the Government, the Ministry of Labour, Employment and Social Security signed an agreement in 2003 with ILO/IPEC for a study to be conducted on child labour. The study is to be completed on 31 December 2004 and will allow the types of work carried out by boys and girls to be defined and located in the Provinces of San Juan, San Luis, Mendoza, part of the Province of Buenos Aires and the City of Buenos Aires. The Committee requests the Government to provide the results of the study.

Article 5. Mechanisms to monitor implementation of the provisions giving effect to the provisions of the Convention. 1. Labour inspection. The Committee notes that sections 28 to 38 of Labour Act No. 25.877 of 18 March 2004 deal with labour inspection. Section 28 sets up a system of labour inspection and social security. Under the system, the application of labour and social security standards is supervised throughout the country. Under section 35, the Ministry of Labour and Social Security carries out action nationwide in coordination with the bodies responsible for the supervision of child labour. The Committee also notes that, under article 7 of Annex II of the Federal Labour Pact (Act No. 25.212 of 2000), in the course of their duties labour inspectors are free to visit workplaces day and night and without warning, and may request any information they deem necessary to the performance of their work and require measures to be taken regarding working methods and in the event of imminent risk to the health, hygiene or safety of workers. Referring to its observation of 2002 on the Labour Inspection Convention, 1947 (No. 81), the Committee notes with interest Annex IV of the Federal Labour Pact on the National Programme of Action on Child Labour (Act No. 25.212 of 2000). Noting that the National Programme of Action provides for the labour inspectorate to be strengthened, in particular through the implementation of training programmes, the establishment of interdisciplinary technical teams to support labour inspectors, the creation of social networks allowing an immediate social response by the inspection services to every specific instance of child labour, and the establishment of new machinery to detect child labour, the Committee requests the Government to provide information on the working of the labour inspection services, including extracts of reports or documents pertaining to infringements that are reported concerning children engaged in the worst forms of child labour. It also requests the Government to provide information on the consultations held with the employers’ and workers’ organizations, in accordance with the provisions of this Article.

2. Child labour supervision and inspection unit. The Committee notes that, according to the Government, the Ministry of Labour, Employment and Social Security has set up a Child Labour Supervision and Inspection Unit by resolution No. 125/033 of 6 March 2003. The Unit is composed of a technical team and an operations team. It is responsible for devising, coordinating and implementing development activities pertaining to the prevention and elimination of child labour. The Committee requests the Government to provide information on the working of the Unit and to indicate whether it has established suitable mechanisms to monitor application of the provisions of the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s statement that the Subcommittee for the Analysis and Study of Convention No. 182 is currently examining all the action programmes under way in the 23 provinces and the City of Buenos Aires that are related directly or indirectly to the elimination of activities in which boys and girls under 18 years of age may be engaged in the worst forms of child labour. The Committee requests the Government to provide information on the results of the various programmes of action and their impact on the elimination of the worst forms of child labour.

Article 7, paragraph 1. Measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention. The Committee notes that under section 140 of the Penal Code, anyone who subjects a person to servitude or similar practices is liable to solitary confinement or three to five years’ imprisonment. The Committee notes that section 141 and 142 of the Penal Code establish penalties of imprisonment or reclusion of from six months to three years for depriving someone of his/her freedom. Section 142bis of the Code establishes heavier penalties for abducting, holding or hiding a person for the purpose of forcing, or forcing a third party, to do or not to do or to tolerate something against their will. Thus, if the victim is a person under 18 years of age, the penalty of imprisonment or reclusion will be from ten to 25 years. The Committee further notes that under section 127bis of the Penal Code, anyone causing or facilitating the entry to or exit from the country of a person under 18 years of age for the purpose of prostitution is liable to reclusion or imprisonment of from four to ten years. Under section 125bis of the Code, anyone causing or facilitating the prostitution of minors under 18 years of age is liable to reclusion or imprisonment of from four to ten years. Under section 128 of the Code, anyone producing or publishing pornographic images of minors under 18 years of age is liable to a prison term of from six months to four years. This sanction applies to anyone organizing artistic performances that include pornographic displays involving minors under 18 years of age. The Committee also notes that under section 129(2) of the Penal Code, anyone causing the performance of obscene displays by minors under 18 years of age with a view to their being seen involuntarily by others is liable to imprisonment of from six months to four years. Under section 11 of Narcotics Act No. 23.737, the penalties for producing and trafficking narcotics are harsher where minors under 18 years of age are used or procured for these offences. Lastly, the Committee notes that sections 21 and 22 of Act No. 11.317 establish fines of from $50 to $1,000 for breach of the Act, and a penalty of imprisonment for recurrent breach. The Committee requests the Government to provide information on the application in practice of the abovementioned penalties.

Paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. In its concluding observations on the second periodic report of Argentina in October 2002 (CRC/C/15/Add.187, paragraphs 56 and 57), the Committee on the Rights of the Child, while noting the increase in school enrolment for both primary and secondary school, expresses concern at the limited access to education, and the high drop-out and repetition rates, especially at secondary school level, which affect in particular children from marginalized urban and rural areas, indigenous children and those belonging to migrant families, particularly when illegal. The Committee is of the view that education contributes to eliminating the worst forms of child labour. It requests the Government to indicate the effective and time-bound measures, including measures to increase enrolment into schools, taken to prevent the engagement of children from marginalized urban and rural areas, indigenous children and those belonging to migrant families in the worst forms of child labour.

Clause (b). Assistance for the removal of children from the worst forms of child labour. The Committee notes that the elimination of the commercial sexual exploitation of children is one of the Government’s priorities. It notes in this connection that ILO/IPEC has set up a programme on the prevention and elimination of the commercial sexual exploitation of children at the border between Argentina, Brazil and Paraguay. For Argentina, the programme is being implemented in Puerto Iguazú, a small town near to two large cities in Brazil and Paraguay - Foz do Iguaçu and Ciudad del Este. The project started up in early 2001 and is to be completed at the end of November 2004. According to the information available at the Office, the programme aims to withdraw 1,000 girls, boys and young persons from commercial sexual exploitation and to integrate them into school. Furthermore, some 400 families will benefit from economic alternatives.

The Committee further notes that the National Commission for the Elimination of Child Labour in Argentina has set up, in collaboration with ILO/IPEC, in Puerto Iguazú and the surrounding areas, a pilot project, "Luz de Infancia" for the prevention and elimination of the commercial sexual exploitation of children. The programme’s objective is to prevent and eliminate the commercial sexual exploitation of children by assessing and defining the problems of commercial sexual exploitation at local level; withdrawing children used in exploitation; taking account of the children’s needs; providing assistance to the families of exploited children; encouraging the social integration of the children withdrawn; alerting and informing the community of Puerto Iguazú and the surrounding areas; helping to strengthen local institutions; and harmonizing, disseminating and applying the existing legislation. The pilot project started in December 2002 and is to end in November 2004. The Committee notes from the information available at the Office that "Luz de Infancia" will directly assist some 40 children under 18 years of age who are victims of commercial sexual exploitation and will assist indirectly other children at risk and their families. The Committee requests the Government to provide information on the impact of the programme for the prevention and elimination of the commercial sexual exploitation of children at the border between Argentina, Brazil and Paraguay and the "Luz de Infancia" programme for the prevention and elimination of the commercial sexual exploitation of children. The Committee requests the Government to provide information on the economic alternatives and the on the measures taken for the rehabilitation and social integration of the children withdrawn from commercial sexual exploitation. It also requests the Government to provide statistical data on the number of children who are effectively withdrawn from such work.

Clause (d). Identifying and reaching out to children at special risk. The Government indicates that the provincial and federal judicial bodies, governmental organizations and non-governmental organizations have set up a database on girls and boys who are exposed to risks, so that they can intervene directly. The Committee requests the Government to provide more detailed information on this database and on the direct interventions particularly to eliminate the worst forms of child labour.

Clause (e). Special situation of girls. The Committee notes the information sent by the Government that activities have been organized with a view to addressing the special situation of girls. It requests the Government to send fuller information on these activities, particularly as regards the elimination of the worst forms of child labour.

Paragraph 3. National Commission for the Elimination of Child Labour (CONAETI). The Committee notes that Decree No. 719/00 of 25 August 2000 established CONAETI as the body responsible for the elimination of child labour. It requests the Government to indicate the methods used by CONAETI to monitor implementation of the Convention.

Article 8. International cooperation and/or assistance. 1. Country Assistance Strategy. According to information available at the Office, the Government has set up, in collaboration with the World Bank, a programme entitled Country Assistance Strategy. Its aim is to assist Argentina in its development so that it can restore sustained growth and reduce poverty. The Committee observes in this connection that poverty reduction programmes contribute to breaking the cycle of poverty, an essential step towards eliminating the worst forms of child labour. It requests the Government to provide information on the Country Assistance Strategy’s impact on the elimination of the worst forms of child labour.

2. Regional cooperation and MERCOSUR. The Committee notes that, according to the Government, under the regional cooperation programme "Agreements and Subregional Plan of Work" on the prevention and elimination of child labour in the member countries of MERCOSUR and Chile, it is collaborating with ILO/IPEC, MERCOSUR, Chile and CONAETI. The Committee also notes that this programme has three objectives: ensuring suitable legislation, drawing up social programmes and policies and improving the child labour inspection and supervision system. Furthermore, a handbook was published under the programme in March 2003 by ILO/IPEC South America concerning implementation of a child labour inspection and supervision system in the member countries of MERCOSUR and Chile. The handbook shows the regional efforts to combat the problems of child labour through labour inspection. The Committee encourages the Government to continue to cooperate with the member countries of MERCOSUR and Chile. It requests the Government to continue to supply detailed information on reinforced international cooperation and/or assistance.

Parts IV and V of the report form. Application of the Convention in practice.  The Committee notes that under the agreement between the Ministry of Labour, Employment and Social Security and ILO/IPEC on the production of a study on child labour, quantitative and qualitative information on child labour in Argentina will be gathered, analysed and disseminated. The Committee observes that no statistics of the number of children who are victims of child labour appear to be available for Argentina. It therefore hopes that in the context of the abovementioned study, the worst forms of child labour will be taken into account as well and that the Government will be in a position to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of infringements, investigations, prosecutions, convictions and penalties. To the extent possible, the information should be disaggregated by sex.