Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Article 3, clauses (a) and (b), of the Convention and Part III of the report form. Sale and trafficking of children for commercial sexual exploitation, use of children for prostitution or for the production of pornography or for pornographic performances and court decisions. In its previous comments, the Committee noted with satisfaction the adoption of Decree No. 234–2005 of 28 September 2005, reforming the Penal Code. It noted that the new provisions of the Code prohibit: the procuring and the international and internal trafficking of persons for commercial exploitation; the use of young persons under 18 years of age in exhibitions or performances of a sexual nature and in the production of pornography; and the promotion of the country as a tourist destination accessible for sexual activities. The Committee noted, however, that, according to the information contained in the ILO–IPEC reports on the subregional project entitled “Contribution to the prevention and elimination of commercial sexual exploitation of children In Central America, Panama and the Dominican Republic” (the ILO–IPEC subregional project on the commercial sexual exploitation of children), in which Honduras is participating along with Belize, Costa Rica, El Salvador, Guatemala and Nicaragua, despite the progress achieved, the problem of the commercial sexual exploitation of young persons under 18 years of age still persists in the country. In this regard, the Committee noted that, in its concluding observations of February 2007 on the Government’s third periodic report (document CRC/C/HND/CO/3, paragraph 78), the Committee on the Rights of the Child expressed concern that the commercial sexual exploitation of children is common in Honduras. It asked the Government to provide information on the application of the new provisions in practice.

The Committee notes that the Government’s report does not contain any information on this subject. It duly notes, however, that, according to a 2007 report on the ILO–IPEC subregional project on the commercial sexual exploitation of children, the new provisions of the Penal Code have been implemented and individuals have been prosecuted. The Committee requests the Government to ensure, in practice, the protection of children under 18 years of age against this worst form of child labour. In this regard, it once again requests the Government to provide information on the application of the new provisions of the Penal Code in practice. Furthermore, taking into account the information that individuals have been prosecuted under these new provisions, the Committee requests the Government to provide the court decisions handed down in accordance with these provisions in its next report.

Article 5. Monitoring mechanisms. The Committee notes with interest that, according to the information contained in the report of March 2007 on the ILO–IPEC subregional project on the commercial sexual exploitation of children, steps have been taken to strengthen the capacities of the Office of the Attorney General with regard to children. As a result, the Office is now in a better position to investigate cases of commercial sexual exploitation of children and to take steps to prevent and eliminate this worst form of child labour.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. Referring to its previous comments, the Committee notes that, according to UNICEF statistics from 2006, the net attendance rate at primary school level is 80 per cent for girls and 77 per cent for boys, and at the secondary level, 36 per cent for girls and 29 per cent for boys. It also notes the information contained in a report of January 2008 on the ILO–IPEC project entitled “Elimination of child labour in Latin America. Phase III”, according to which the goals of the plan on Education for All by 2015 will not be achieved. The Committee duly notes that, according to the document of the National Committee on the Gradual and Progressive Elimination of Child Labour (CNEGPTE) on a second National Plan of Action for the gradual and progressive elimination of child labour in Honduras (2008–15) (the 2008 National Plan of Action), education is one of the components of the Plan. In this regard, it notes that the specific goal under this component is to promote access to education and ensure school attendance.

Although noting that the net rate of school attendance at the primary level is relatively high, the Committee expresses concern at the fact that the country will not achieve the goals on Education For All by 2015. It also expresses concern at the low net rate of school attendance at the secondary level. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to step up efforts to improve the operation of the education system in the country. In this regard, it requests the Government to provide information on the time-bound measures taken during the implementation of the 2008 National Plan of Action to increase the rate of school attendance, both at the primary and secondary levels. The Committee requests the Government to provide information on the results achieved.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour. Commercial sexual exploitation. ILO–IPEC subregional project. Referring to its previous comments, the Committee duly notes the information provided by the Government that 134 girls and boys benefited from the ILO–IPEC subregional project on the commercial sexual exploitation of children in 2007. It also duly notes that, according to a 2007 report on that ILO–IPEC subregional project a system of assistance for victims of commercial sexual exploitation has been established. Furthermore, it notes that the National Plan of Action for the prevention and elimination of commercial sexual exploitation of girls, boys and adolescents in Honduras (2006–11) (the 2006 National Plan of Action) aims to: (a) prevent children from becoming victims of commercial sexual exploitation or trafficking for this purpose; and (b) provide the necessary and appropriate direct assistance for the removal of the child victims of these worst forms of child labour. The Committee strongly encourages the Government to continue its efforts and requests it to provide information on the time-bound measures taken in the context of the implementation of the ILO–IPEC subregional project on the commercial sexual exploitation of children and the 2006 National Plan of Action. The Committee also requests the Government to provide information on the system of assistance for victims of commercial sexual exploitation, in particular concerning the measures taken in the context of this system to ensure the rehabilitation and social integration of victims of this worst form of child labour.

Clause (d). Children at special risk. 1. Street children. In its previous comments, the Committee noted that, in its concluding observations of February 2007 (document CRC/C/HND/CO/3, paragraph 74), 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 notes that the Government does not provide any information on this subject. It reminds the Government that street children are particularly exposed to the worst forms of child labour. The Committee therefore requests the Government once again to provide information on the time-bound measures taken, in the context of the implementation of the National Plan of Action for the social integration of dependent children and women in the streets, to protect street children from the worst forms of child labour. Furthermore, the Committee requests the Government to provide information on the measures taken to ensure the rehabilitation and social integration of children who are actually removed from the streets.

2. Indigenous children. The Committee previously noted that, in its concluding observations of February 2007 (document CRC/C/HND/CO/3, paragraph 21), the Committee on the Rights of the Child expressed concern at the lack of information concerning the most vulnerable groups, including indigenous children. The Committee notes with interest that, according to the information provided by the Government, a programme of action aimed at contributing to the prevention and removal of indigenous girls, boys and adolescents from child labour benefited 300 persons between October 2007 and February 2008. The Committee also notes that, according to the information available to the ILO–IPEC, a study on indigenous children has been carried out in the country. Noting that indigenous children are often victims of exploitation, which may take on very different forms, and are at risk of being engaged in the worst forms of child labour, the Committee requests the Government to continue its efforts to protect these children, in particular by adopting measures to make them less vulnerable. It requests the Government to provide information in this regard.

Clause (e). Special situation of girls. Child domestic labour. The Committee previously noted that, according to the statistics contained in a study carried out in 2003 by the ILO–IPEC entitled “Child domestic labour in Honduras”, 94.3 per cent were girls. The Committee notes that, according to the 2006 statistics contained in a document of the CNEGPTE on the second National Plan of Action for the elimination of child labour (2008–15), a high number of children, particularly girls, are engaged in domestic work. It emphasizes that children engaged in domestic work, particularly young girls, are often victims of exploitation, which may take on very diverse forms, and that it is difficult to supervise their conditions of employment. The Committee therefore requests the Government to take effective and time-bound measures, particularly in the context of the implementation of the 2008 National Plan of Action, to protect child domestic workers against the worst forms of child labour. It requests the Government to provide information on the measures taken in this regard.

Article 8. International and regional cooperation. Commercial sexual exploitation. In its previous comments, the Committee noted that the ILO–IPEC subregional project on the commercial sexual exploitation of children provided for the strengthening of horizontal collaboration between countries participating in the project. The Committee held the view that cooperation between law enforcement agencies, particularly the judicial authorities and police forces, is indispensible to prevent and eliminate commercial sexual exploitation, and particularly the sale and trafficking of children for that purpose, through the collection and exchange of information and through assistance to detect and prosecute the individuals involved and to repatriate victims. The Committee notes that the Government’s report does not contain any information on this subject. It therefore expresses the hope once again that, in the context of the implementation of the ILO–IPEC subregional project on the commercial sexual exploitation of children, the Government will take measures to cooperate with the participating countries and therefore strengthen security measures, particularly on the common borders with El Salvador, Guatemala and Nicaragua, with a view to bringing an end to this worst form of child labour. It requests the Government to provide information on this subject in its next report.

Furthermore, the Committee is also addressing a direct request to the Government concerning other points.