Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

The Committee notes the Government’s report.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. In its previous comments, the Committee noted the communication from the Inter-Union Assembly of Workers – National Convention of Workers (PIT-CNT), dated 3 October 2003, indicating that, although the National Committee for the Elimination of Child Labour (CETI) has prepared a Plan of Action for the Prevention and Elimination of Child Labour, the resources allocated for its implementation are insufficient for results to be achieved in practice. The progress achieved in the country, particularly with regard to child labour, is undermined by structural adjustment and public expenditure policy measures, which fail to demonstrate the Government’s commitment to reducing the poverty in which the majority of the Uruguayan population is living and which is the reason why boys and girls work. The Committee requested the Government to provide information on the measures adopted to prohibit and eliminate the worst forms of child labour. The Committee notes the Government’s indication that the CETI is currently revising the Plan of Action for the Prevention and Elimination of Child Labour adopted in 2001 with a view to adapting it to the new situation in the country. The Committee hopes that the new Plan of Action will be adopted in the near future and requests the Government to provide a copy as soon as it has been adopted.

Article 3. Worst forms of child labour. Clauses (a), (b) and (c). Sale and trafficking of children and the use, procuring or offering of a child for the production of pornography, pornographic performances or illicit activities. The Committee noted previously that the national legislation does not appear to contain provisions prohibiting the sale and trafficking of children for economic and sexual exploitation. The Committee also noted that the use, procuring or offering of a child for the production of pornography, pornographic performances or illicit activities, in particular for the production and trafficking of drugs, does not appear to be prohibited by the national legislation. It reminded the Government that, under Article 1 of the Convention, immediate and effective measures have to be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee notes the Government’s indication that the competent authorities are examining the measures taken up to now with a view to determining those to be adopted in future. The Committee hopes that the Government will be in a position to provide information in its next report on the measures taken to secure the prohibition and elimination of the sale and trafficking of children, for both economic and sexual exploitation, and the use, procuring or offering of a young person under 18 years of age for the production of pornography, pornographic performances or illicit activities, in accordance with Article 3(a), (b) and (c) of the Convention. It also requests the Government to adopt provisions imposing appropriate sanctions in relation to these worst forms of child labour.

Article 4, paragraph 1. Determination of hazardous types of work. In its previous comments, the Committee noted that the Government had not yet prepared a list of the types of work that are likely to harm the health, safety or morals of young persons, but that the National Committee for the Elimination of Child Labour (CETI) had undertaken to remedy this situation. It also noted the Government’s indication that 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” contains, in Chapter V, a list of the types of work which should be considered as the worst forms of child labour and as hazardous work. A discussion was to be held on these types of work at the national level. The Committee requested the Government to provide information on the process of the preparation and adoption of this list of types of hazardous types of work. The Committee notes the information provided by the Government that a subcommittee of the CETI is currently drawing up the list of hazardous types of work. The Committee hopes that this list will be adopted in the near future. It requests the Government to provide a copy once it has been adopted.

Article 7, paragraph 1. Penalties. The Committee previously requested the Government to provide information on the application in practice of penalties relating to slavery (section 280 of the Penal Code), denial of another person’s freedom (section 281 of the Penal Code), exploitation of the prostitution of other persons (section 1(1) and (2) of Special Act No. 8080 of 27 May 1927) and hazardous types of work (section 232 of the Code of Children and Young Persons of 2004). The Committee notes the Government’s indication that no measures have been adopted in this respect. It reminds the Government that, under the terms of this provision of the Convention, each Member shall take all the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including the provision and application of penal sanctions or, as appropriate, other sanctions. The Committee requests the Government to indicate the measures adopted or envisaged to ensure that the penalties established in the various legal texts are applied in practice with a view to ensuring the effective implementation of the provisions giving effect to the Convention.

Article 7, paragraph 2. Effective and time-bound measures. In its previous comments, the Committee noted that no measures had been taken to give effect to this provision of the Convention and expressed the hope that the Government would provide detailed information on the effective and time-bound measures taken to give effect to Article 7, paragraph 2(a), (b), (d) and (e). The Committee notes the Government’s indication that no measures have yet been taken in this respect. The Committee reminds the Government that, under the terms of Article 7, paragraph 2, of the Convention, each Member shall, taking into account the importance of education in eliminating child labour, take effective and time-bound measures 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; and (e) take account of the special situation of girls. The Committee hopes that, following the examination by the competent authorities of the measures adopted by the country up to now in the field of child labour, the Government will be in a position to provide information in its next report on the points referred to above.

Clause (c). Access to free basic education and vocational training. The Committee previously noted the Government’s indication that the National Children’s Institute (INM) has established the “Del Cardal” programme, which is intended to remove children from the economic activities that they are undertaking and integrate them into the educational system. In the absence of information from the Government on this subject, the Committee once again requests it to provide information on the results achieved in the context of the “Del Cardal” programme.

Article 7, paragraph 3. Authority responsible for the implementation of the provisions giving effect to the Convention. The Committee requested the Government to provide information on the activities of the National Committee for the Elimination of Child Labour (CETI), particularly with regard to the prohibition and elimination of the worst forms of child labour. The Committee notes the Government’s information that the functions of the CETI include proposing and coordinating policies and programmes for the elimination of child labour and strengthening coordination and concerted action between public, private, national and international institutions working in the field of children’s issues.

Article 8. Enhanced international cooperation and/or assistance. Further to its previous comments, in which it noted that the Member States of MERCOSUR (Argentina, Brazil, Paraguay and Uruguay) had undertaken to join their efforts to combat child labour, the Committee encouraged the Government to continue cooperating with other countries and requested it to provide detailed information on enhanced international cooperation and assistance. In this respect, the Committee notes the information provided by the Government that, at the last meeting of MERCOSUR, a televised awareness-raising campaign on the subject of commercial sexual exploitation was proposed. Moreover, the Government adds that a MERCOSUR thematic commission is currently examining the issue of child labour and that, following a further meeting between the thematic commission and a working group, it will be in a position to provide information on this subject. The Committee requests the Government to provide information on this subject in its next report.

Parts IV and V of the report form. Application of the Convention in practice. The Committee noted previously that the statistics and data available on Uruguay did not specifically relate to the worst forms of child labour. It requested the Government to provide information on the manner in which the Convention is applied in practice, and particularly to provide statistics of the worst forms of child labour. In its report, the Government indicates that in 2006 the National Statistical Institute will conduct a household survey that will cover, among other subjects, child labour and rural populations of under 5,000 inhabitants, which will provide information on rural areas. However, the Government adds that it is not in a position to guarantee that this survey will provide information on the worst forms of child labour. While noting the information provided by the Government, the Committee requests it to take the necessary measures to compile information on the worst forms of child labour and to provide statistics and information in its next report 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 the infringements reported, investigations, prosecutions, convictions and the penalties applied.