Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

Article 3 of the Convention. The worst forms of child labour. Clause (a). Forced or compulsory recruitment of children for use in armed conflict. The Committee noted previously that article 276 of the Constitution provides that military service is voluntary as of the age of 18 years and that under section 2 of the Act respecting military service of 1985 the age for enrolment in the army is 18 years. However, the Committee noted that, according to summary record No. 4‑2003 of the meeting of the Technical Council of the National Commission for the gradual and progressive elimination of child labour, held on 28 March 2003, the NGO Save the Children considers that children are working as soldiers. Noting the absence of information in the Government’s report on this subject, the Committee once again requests it to provide information concerning these allegations.

Clause (d). Hazardous types of work. In its previous comments, the Committee noted that sections 122 and 123 of the Code on Children and Young Persons and sections 8(1) and 9 of the Regulations of 2001 on child labour prohibit young persons under 18 years of age from engaging in unhealthy and hazardous types of work, even where they are carried out in the context of an educational or training programme. It however noted that section 2(1) of the Labour Code excludes from its scope of application agricultural and stock-raising establishments not employing on a permanent basis more than ten workers and that, under sections 4 to 6, the Regulations of 2001 on child labour apply solely to contractual employment relationships. The Committee noted that, under the terms of these provisions, the Labour Code and the Regulations on child labour do not apply to young persons under 18 years of age engaged in hazardous types of work without a contractual employment relationship. It requested the Government to indicate the manner in which the national legislation provides that young persons under 18 years of age benefit from the protection afforded by Article 3(d) of the Convention. The Committee notes that the Government has not provided any information on this subject in its report. However, it notes that a draft revision of the Labour Code is being prepared. The Committee expresses the firm hope that this draft text will be adopted in the near future and that it will contain provisions ensuring the application of the protection afforded by the Convention to children who work in agricultural and stock-raising establishments not employing more than ten workers on a permanent basis.

Article 4, paragraphs 1 and 3. Revision of the list of hazardous types of work. The Committee takes due note that a list of the worst forms of hazardous work has been prepared, following tripartite consultation, and that a decree will be adopted prohibiting these types of work. The Committee hopes that this decree will be adopted in the near future and requests the Government to provide information on the progress achieved in this respect and to supply a copy of the decree when it has been adopted.

Article 6, paragraph 1. Programmes of action. National Plan of Action on child labour. The Committee takes due note that a new National Plan of Action for the prevention and gradual and progressive elimination of child labour, which will be closely related to the worst forms of child labour, is being prepared. The Committee requests the Government to provide information on the implementation of this National Plan and the programmes of action established in this context, and on the results achieved in terms of the elimination of the worst forms of child labour.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of the children in the worst forms of child labour and assistance for their removal from these worst forms of child labour. In its previous comments, the Committee noted that, in the context of the technical assistance of ILO/IPEC for the elimination of the worst forms of child labour, several programmes of action were implemented, including: a programme for the elimination of child labour in melon plantations in Choluteca; a programme for the elimination of child labour in the coffee production sector in Santa Bárbara; a programme on child domestic labour in the villages of Tegucigalpa and San Pedro; a programme on underwater fishing in the municipality of Raya, in the department of Gracias a Dios; and a project covering the rubbish dumps in Tegucigalpa. The Committee requested the Government to provide information on the results achieved following the implementation of these programmes of action. The Committee notes that the information contained in the Government’s report relates to the objectives to be achieved and not the results obtained in practice through the implementation of these programmes. It therefore once again requests the Government to provide information on the results achieved in terms of: (a) preventing children from becoming victims of the worst forms of child labour targeted by the above programmes; and (b) providing the necessary and appropriate direct assistance for the removal of the children targeted by the above programmes and ensuring their rehabilitation and social integration.

Clause (c). Access to free basic education. The Committee notes that, according to the information provided by the Government, the National Plan of Action for the prevention and gradual and progressive elimination of child labour envisages the improvement of the national educational system with a view to achieving a significant reduction in child labour, and particularly its worst forms. The Committee requests the Government to provide information on the number of children who, through the implementation of the National Plan, have been removed from the worst forms of child labour and effectively reintegrated into basic education courses or who are following pre-vocational or vocational training.

Clause (d). Children at special risk. 1. Street children. The Committee notes that, in its concluding observations of February 2007 (CRC/C/HND/CO/3), the Committee on the Rights of the Child, while noting the adoption of the National Plan of Action for the social integration of dependent children and women in the streets, expressed concern at the high number of street children and at the lack of information in this respect. The Committee requests the Government to provide information on the measures adopted in the context of the implementation of the National Plan of Action for the social integration of dependent children and women in the streets with a view to the protection of street children from the worst forms of child labour.

2. Indigenous children. The Committee notes that, in its concluding observations of February 2007 (CRC/C/HND/CO/3), the Committee on the Rights of the Child expressed concern at the lack of information concerning the most vulnerable groups, including indigenous children. It requests the Government to provide information on the measures adopted to ensure that indigenous children are not engaged in the worst forms of child labour and to provide the necessary and appropriate direct assistance to remove these children from the worst forms of child labour and for their rehabilitation and social integration.

Clause (e). Special situation of girls. Child domestic labour. The Committee noted previously that, according to the statistics contained in the study carried out in 2003 by ILO/IPEC entitled “Child domestic labour in Honduras”, of the children engaged in domestic labour, 94.3 per cent were girls. It requested the Government to indicate the manner in which it intended to accord special attention to the situation of girls so as to ensure that they are not engaged in types of work which are likely to harm their health, safety or morals. The Committee notes the information provided by the Government concerning the programme of action implemented in collaboration with Save the Children UK, according to which over 450 girls have been provided with assistance, including vocational training and support, psychological supervision and medical aid. The Committee encourages the Government to pursue its efforts to accord special attention to girls engaged in domestic work to ensure that they do not perform hazardous types of work.

Article 8. International cooperation. With reference to its previous comments, the Committee notes that, in its concluding observations on the Government’s third periodic report of February 2007 (CRC/C/HND/CO/3), the Committee on the Rights of the Child expressed concern that the increase in the amount of funds available through poverty reduction strategies, including debt reduction programmes, have not resulted in a proportionate strengthening of the mechanisms for the protection of children. Recalling that Poverty Reduction Strategy Programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to take the necessary measures to ensure a more balanced distribution of the funding allocated to poverty reduction throughout the country so as to combat the worst forms of child labour more effectively.