Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously requested the Government to take immediate measures to prohibit the sale and trafficking of children for both labour exploitation and commercial sexual exploitation, and to adopt appropriate sanctions as a matter of urgency.

The Committee notes the adoption of the Prevention of the Trafficking in Persons Law (Act No. 9 of 2009), published in the Official Gazette No. 4952 on 1 March 2009. The Committee notes with satisfaction that, pursuant to sections 3(2) and 9, the Prevention of the Trafficking in Persons Law prohibits the trafficking of persons under 18, and sets forth penalties of ten years’ hard labour for the commission of this offence and/or a fine of between 5,000 and 20,000 dinars (between approximately US$7,042 and $28,169).

Clause (b). 1. Use, procuring or offering of a child for prostitution. In its previous comments, the Committee noted that the Penal Code prohibits certain acts associated with the prostitution of women but does not do so in respect of boys under the age of 18. It noted that the Committee on the Rights of the Child (CRC), in its concluding observations of 29 September 2006, recommended the revision and amendment of the provisions of the Penal Code to provide protection to both boys and girls under the age of 18 against commercial sexual exploitation (CRC/C/JOR/CO/3, paragraph 93).

The Committee notes the Penal Code provisions referenced in the Government’s report, but observes that these provisions do not appear to prohibit the use, procuring or offering of a boy under 18 for the purpose of prostitution. Therefore, the Committee once again reminds the Government that, pursuant to Article 3(b) of the Convention, this offence constitutes one of the worst forms of child labour, and that, pursuant to Article 1, measures to prohibit this worst form must be taken as a “matter of urgency”. Therefore, the Committee once again strongly requests the Government to take immediate measures to ensure that the use, procuring or offering of both boys and girls under 18 years of age for the purpose of prostitution is prohibited, as a matter of urgency.  

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously requested the Government to indicate the specific provisions of the Penal Code which prohibit the use, procuring or offering of a child for pornography. 

The Committee notes the reference in the Government’s report to section 306 of the Penal Code, which prohibits subjecting a boy or girl to an act that is contrary to morals, as well as prohibiting the utterance of indecent words to them. However, the Committee observes that section 306 of the Penal Code appears to only provide protection to persons under 15 years of age. Observing that Jordan ratified the Convention over ten years ago, the Committee urges the Government to take immediate and effective measures to prohibit the use, procuring or offering of all persons under 18 for the production of pornography and pornographic performances, in conformity with Article 3(b) of the Convention.

The Committee is raising other points in a request addressed directly to the Government.