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

The Committee notes the Government’s first report. It also notes the communication by the Inter-Union Assembly of Workers - National Convention of Workers (PIT-CNT), dated 3 October 2003, containing certain comments on the application of the Convention. The Committee notes with interest that, on 13 October 2002, the Government renewed the Memorandum of Understanding (MOU) with ILO/IPEC until 2007. 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 communication, the PIT-CNT indicates that the measures taken by the Government of Uruguay to give effect to the provisions of the Convention are inadequate. Although the National Committee for the Elimination of Child Labour (CETI) has prepared the Plan of Action for the Prevention and Elimination of Child Labour, no measures have been taken to ensure that its implementation leads to effective results in practice. In the majority of cases, the activities planned in the Plan of Action have not been implemented in practice, as the Government has not allocated sufficient resources. The PIT-CNT adds that the progress achieved in the country, particularly with regard to child labour, is being hindered by structural adjustment and public expenditure policy measures which do not show commitment by the Government to reduce the poverty in which the majority of the Uruguayan population is living and which is the reason why boys and girls work.

In its report, the Government indicates that this Plan of Action is a national proposal for an effective response to the problem of child labour in Uruguay. The Government also indicates that the Plan of Action is based on the following four approaches: (1) programme of legal and judicial protection; (2) programme of public awareness; (3) education programme; and (4) programme of economic alternatives. The Government adds that the principle difficulties related to the application of the Convention are: (1) the informal nature of child labour; (2) the difficulty of identifying the phenomenon, particularly in activities carried out in the family context; (3) cultural rules which identify work by children and young persons as a form of socialization and the maintenance of traditions; (4) the inadequacy of the personnel of the labour inspection services to cope adequately with inspection needs; (5) the lack of specialized and continuous information on child labour; (6) the inadequacy of economic resources to act in an adequate manner; and (7) the lack of statistical data relating to the infringements reported.

The Committee reminds the Government that, under Article 1 of the Convention, each Member which ratifies the Convention must take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee draws the Government’s attention to the fact that Article 6 of the Convention provides that each Member must design and implement programmes of action to eliminate, as a priority, the worst forms of child labour. The Committee therefore requests the Government to provide information on the measures adopted to prohibit and eliminate the worst forms of child labour. It also requests the Government to provide information on the implementation of the four types of action referred to above, particularly with regard to their application to the worst forms of child labour. It also requests the Government to provide a copy of the Plan of Action for the Prevention and Elimination of Child Labour.

Article 3. Worst forms of child labour. Clause (a). 1. Sale and trafficking of children. Under section 280 of the Penal Code, it is an offence to purchase or transfer slaves and traffic them. In its report, the Government indicates that no case of the sale or trafficking of children has been reported in the country. While noting the above information, the Committee notes that section 280 of the Penal Code only covers the slave trade. It reminds the Government that Article 3(a) of the Convention covers the sale and trafficking of young persons under 18 years of age for the purposes of economic or sexual exploitation. The Committee notes that the national legislation does not appear to contain provisions prohibiting these forms of exploitation. It therefore requests the Government to provide information on the measures adopted or envisaged to secure the prohibition of the sale and trafficking of young persons under 18 years of age for economic and sexual exploitation, and to adopt provisions setting forth appropriate penalties in this respect.

2. Slavery, debt bondage, serfdom and forced or compulsory labour. The Committee notes the Government’s statement that no case of slavery has been reported in the country. Under section 280 of the Penal Code, any person who reduces an individual to slavery or a similar practice, purchases or transfers slaves commits an offence. Under section 281 of the Penal Code, any person who, in any manner, deprives an individual of personal freedom is guilty of an offence. Furthermore, section 288 of the Penal Code provides that any person who makes use of violence or threats to compel another person to carry out, tolerate or cease carrying out an activity commits an offence.

3. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes the Government’s statement that it has signed the Montevideo Declaration of 8 July 1999, which declares that the use of a child under 18 years of age by any national armed force or armed group is, without exception, in peace time as in war, contrary to the spirit of comprehensive protection promoted in the Convention on the Rights of the Child, even when the child under 18 years claims or is claimed to be a volunteer. Under section 115 of Act No. 10/050 respecting military service, of 27  September 1941, any person who wishes to be a member of a military unit must be 18 years of age. The Committee also notes the Government’s statement that no case of the forced or compulsory recruitment of children for use in armed conflict has been reported in the country.

Clause (b) 1. Use, procuring or offering of a child for prostitution. The Committee notes that section 1(1) of Special Act No. 8.080 of 27 May 1927, as amended by section 24 of Act No. 16.707 of 6 July 1995, makes it an offence for any person to exploit the prostitution of a third person, contribute to the prostitution in any manner, with the intention of obtaining profit. Section 1(2) of Act No. 8.080, as amended by section 24 of Act No. 16.707, also makes it an offence for any person who, with the intention of obtaining profit, induces or convinces another person to engage in prostitution, within the country or abroad. Under section 2 of Act No. 8.080, as amended by section 24 of Act No. 16.707, the penalties envisaged for the crime of prostitution are increased in cases if the victim is a person under 18 years of age.

2. Use, procuring, or offering of a child for the production of pornography, or for pornographic performances. The Committee notes that the national legislation does not appear to contain provisions prohibiting the use, procuring or offering of a young person under 18 years of age for the production or pornography or for pornographic performances. It reminds the Government that its obligation under Article 1 of the Convention is to take "immediate" and effective measures to prohibit this worst form of child labour. The Committee accordingly requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a young person under 18 years of age for the production of pornography or for pornographic performances, in accordance with Article 3(c) of the Convention. It also requests the Government to adopt provisions setting forth appropriate penalties in this respect.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that Act No. 14.294 of 1998 prohibits the import, export and distribution of psychotropic substances. The Committee recalls that, under Article 3(c) of the Convention, the use, procuring or offering of a young person under 18 years of age for illicit activities, in particular for the production and trafficking of drugs, as defined in the relevant international treaties, is considered as being among the worst forms of child labour. It also recalls that, under Article 1 of the Convention, each Member which ratifies it has to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour. The Committee therefore requests the Government to indicate the measures taken to secure the prohibition and elimination of the use, procuring or offering of a young person under 18 years of age for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties, in accordance with Article 3(c) of the Convention as soon as possible.

Clause (d). Types of hazardous work. Under section 226 of the Children’s Code, it is prohibited for young persons under 18 years of age to perform work which is prejudicial to their health, safety or morals, which is tiring or beyond their strength. Under section 231 of the Children’s Code, night work is prohibited for young persons under 18 years of age. Section 243 of the Children’s Code prohibits work by young persons under 21 years of age in nocturnal premises, such as music bars, cabarets and reviews. The Committee also notes that, according to the information contained in the Government’s report, the national legislation specifically prohibits work by young persons under 18 years of age in certain activities. For example, section 4 of Act No. 5032 of June 1914 and section 32 of Decree No. 647/78 of November 1978 prohibit the engagement of young persons under 18 years of age in the washing and repair of motors that are in operation, in machines or other hazardous transmissions. Under section 37 of Decree No. 647/78, it is prohibited to employ young persons under 18 years of age in rural work which is likely to harm their health or morals and is excessively tiring, unhealthy or hazardous for their physical and moral protection. Under section 24 of the Decree of 9 January 1942, the engagement of young persons under 18 years of age as manual labourers or apprentices in cotton mills is prohibited. The Decree of 14 September 1945 sets 18 years as the minimum age for work in establishments which prepare, use or handle aromatic amines. Under section 11 of the Decree of 8 May 1950, young persons under 18 years of age may not be admitted into establishments which manufacture bread, pastry or fresh pasta. Section 1 of the resolution of the Children’s Council (now the INAME) of 10 December 1971 prohibits the employment of young persons under 18 years of age on board vessels as stokers and trimmers. Furthermore, section 6 of Act No. 10471 of 3 March 1944 prohibits work by young persons under 18 years of age in forestry and peat extraction. Under section 8 of Decree No. 372/99 of 26 November 1999, it is prohibited to cause young persons under 18 years of age to be engaged in the clearing of land and in work involving the handling of toxic agricultural products. Section 30 of the Decree of 22 January 1936 sets the age of 18 years as a minimum for the engagement of workers in freezing chambers. Section 14 of Act No. 11577 of 14 October 1950 prohibits work by persons under 21 years of age in unhealthy types of work at night.

Article 4, paragraph 1. Determination of types of hazardous work. The Committee notes the Government’s statement that Uruguay has not yet prepared a list of the types of work which are likely to harm the health, safety or morals of young persons. The National Committee for the Elimination of Child Labour undertook to remedy this situation during the course of 2003. The Government adds that, where types of hazardous work exist, they are in most cases activities which are hazardous for girls, boys and young persons by reason of the circumstances in which they are carried out. The Committee notes the document entitled Analysis and recommendation for better supervision and application of national and international regulations respecting work by children and young persons in Uruguay. It notes the Government’s indication that the types of work referred to in the last section of Chapter V of the above document are those which should be determined as the worst forms of child labour. These types of work are: (i) agricultural activities, such as those requiring the handling of toxic products, the harvesting of fruit and vegetables, the clearing of land and the operation of agricultural machinery; (ii) industrial activities, such as brick kilns, glass or pottery ovens, the production and/or sale of matches and fireworks, construction, mines, quarries, underground work and work at heights, metalwork, chemical industries in which hazardous or toxic products are handled, such as white lead, lead sulphate, benzene, aromatic amides, work involving exposure to radiation, the shoe and leather products industries or similar industries which use adhesives and solvents for the manufacture of their products, freezing chambers, the operation of hazardous industrial machinery, work requiring the handling of electricity; (iii) activities at sea and/or on rivers, such as fishing and working on board vessels; (iv) domestic work, namely all types of tasks in the houses of other persons; (v) activities in the street, such as begging, gathering rubbish for recycling and profit, washing cars, street hawking, participation in street performances; and (vi) activities in nocturnal centres, such as the sale of alcohol, gaming and, in general, in places in which activities are undertaken which are liable to be harmful to the morals of young persons. Furthermore, work involving the loading, unloading or continuous transportation of objects and all activities which, by reason of their duration and the circumstances in which they are carried out, prevent children from attending school, may be considered as types of hazardous work and as among the worst forms of child labour.

The Committee notes that the list of types of hazardous work enumerated above will be the subject of consultation at the national level. This consultation will involve the various social actors which make up the National Committee for the Elimination of Child Labour (CETI), namely various ministries, public administrations, employers’ and workers’ organizations and NGOs. The Committee requests the Government to provide information on the process of the preparation of this list of types of hazardous work.

Article 4, paragraph 2. Identification of where types of hazardous work exist. Noting that the Government has not provided any information on this subject, the Committee requests it to indicate the measures taken or envisaged to identify where determined types of hazardous work exist and to provide information on the outcome of these measures.

Article 5. Monitoring mechanisms. The Committee notes the Government’s statement that the administrative entity responsible for monitoring the implementation of the Convention is the Ministry of Labour and Social Security (MTSS), through the General Labour Inspectorate (IGTSS) and the National Institute for Young Persons (INAME). The IGTSS is responsible for monitoring general conditions and aspects relating to the safety and health at work of young persons. According to the Government’s report, INAME and the IGTSS undertake activities, either independently or in coordination, related to labour inspection and take measures, within their respective fields of competence, to penalize any infringements. The Government adds that it is difficult, particularly for INAME, to undertake labour inspection as the total number of inspectors for the whole country is seven, and due to economic constraints, which make it difficult for them to travel around the country. The MTSS inspectors encounter the same difficulties. However, the Committee notes that the Government has taken measures to improve inspection services. Training activities have been undertaken for labour inspectors in the field of child labour. Furthermore, Uruguay participated in the preparation of the Guide for the implementation of an inspection and monitoring system for child labour in MERCOSUR countries and Chile. While noting the Government’s information on the constraints encountered in undertaking labour inspection, the Committee requests it to take the necessary measures to establish an appropriate mechanism to monitor the implementation of the Convention. It also requests it to provide information on the results of the various inspections carried out relating to the worst forms of child labour, particularly through the provision of extracts of reports or documents.

Article 7, paragraph 1. Penalties. Under section 280 of the Penal Code, any person found guilty of slavery or the sale of slaves is liable to a sentence of from two to six years’ imprisonment. Under section 281 of the Labour Code, any person found guilty of having deprived another of his or her personal freedom is liable to a penalty of from one year of detention to nine years’ imprisonment. Section 288 of the Penal Code provides for a sentence of between three months of detention and three years of imprisonment for any person found guilty of violence. Section 1(1) of Special Act No. 8080 of 27 May 1927, as amended by section 24 of Act No. 16707 of 6 July 1995, provides for a penalty of between two and eight years of imprisonment for any person, male or female, who exploits the prostitution of another. Section 1(2) of Act No. 8080 provides for a penalty of from three to 12 months of imprisonment for any person who, with a view to profit, induces or convinces a person to engage in prostitution, within or outside the country. Under section 2 of Act No. 8080, a minimum penalty of four years’ detention is envisaged for the crime of prostitution. Under the terms of section 232 of the Children’s Code, persons in violation of sections 226 (types of hazardous work) and 231 (night work) are liable to a fine of from 50 to 200 pesos for each young person employed. In the event of a repeat offence, a penalty of imprisonment of from eight days to three months may be added to the fine. The Committee requests the Government to provide information on the application in practice of the above penalties.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes the Government’s indication that no measures have yet been taken to give effectto Article 7, paragraph 2, of the Convention. The Committee hopes that the Government will provide detailed information on the effective and time-bound measures taken to: (a) prevent the engagement of children in the worst forms of child labour; (b) provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration; (d) identify and reach out to children at special risk; (e) take account of the special situation of girls.

Clause (c). Access to free basic education and vocational training for all children removed from the worst forms of child labour. The Committee notes that article 70 of the Constitution provides that primary education is compulsory. Under section 74 of the Children’s Code, education is compulsory for children from 6 to 14 years of age. The Committee notes the Government’s indication that the National Children’s Institute (INM) has established the "Del Cardal" Programme, which is intended to withdraw children from the economic activities that they are undertaking and integrate them into the educational system. It requests the Government to provide information on the results achieved in the context of the "Del Cardal" programme.

Article 7, paragraph 3. Designation of the authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes that the National Committee for the Elimination of Child Labour (CETI), a tripartite committee with the objective of combating child labour with a view to its progressive elimination, is the competent authority responsible for the implementation of the measures giving effect to the Convention. The functions of the CETI include: (1) proposing and coordinating policies and programmes for the elimination of child labour; and (2) developing a national plan of action for the elimination of child labour and the protection of young workers. The Committee requests the Government to provide information on the activities of the CETI, particularly with regard to the prohibition and elimination of the worst forms of child labour.

Article 8. Enhance international cooperation and/or assistance. The Committee notes the information provided by the Government that international cooperation and mutual assistance between the countries of Latin America are essential to combat child labour. The principal form of assistance in the region is the support of ILO/IPEC of which Uruguay is a beneficiary. In this context, the country has received the assistance of neighbouring countries, particularly through the exchange of information in seminars and regional meetings. Furthermore, the Member States of MERCOSUR (Argentina, Brazil, Paraguay and Uruguay) have undertaken, in various declarations signed between 1997 and 2002, to unite their efforts to combat child labour. A study has been undertaken in all the MERCOSUR countries on the legislation that is in force relating to work by young persons. The Committee notes that Uruguay is a member of Interpol, the organization which assists in cooperation between countries in the various regions, particularly to combat the trafficking of children. The Committee encourages the Government to continue cooperating with other countries and requests it to provide detailed information on enhanced international cooperation and assistance, including support for social and economic development, poverty eradication programmes and universal education.

Parts IV and V of the report form. Application of the Convention in practice. While noting the information provided by the Government, and the study undertaken by the National Institute for Young Persons (INAME), the Ministry of Labour and Social Security (MTSS) and UNICEF, the Committee notes that the statistics and data provided do not specifically relate to the worst forms of child labour. It therefore requests the Government to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties. To the extent possible, all information provided should be disaggregated by sex.