Observation (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Honduras (Ratification: 2001)

Autre commentaire sur C182

Observation

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The Committee notes the observations of the Honduran National Business Council (COHEP), received on 28 August 2015, supported by the International Organisation of Employers (IOE).

Articles 3(a) and (b), and 7(1) of the Convention. Sale and trafficking of children for commercial sexual exploitation, use of children for prostitution and for the production of pornography or pornographic performances, and the penalties applied. In its previous comments, the Committee noted that the Office of the Public Prosecutor had received denunciations of the presumed economic exploitation of minors, child pornography and trafficking of persons. The Committee also noted that the Special Rapporteur on the sale of children, child prostitution and child pornography had called on the Government to increase its efforts to protect children from sexual exploitation. Finally, the Committee noted the adoption of the Act prohibiting trafficking of persons of 2012 and requested the Government to take the necessary measures to ensure its immediate and effective implementation in practice.

The Committee notes the Government’s indications in its report that an Inter institutional Commission on the Commercial Sexual Exploitation and Trafficking of Persons (CICEST) has been established with a budget of 2 million Honduran lempiras, with responsibility for coordinating prevention and protection at the national and international levels. In this regard, the Government reports that CICEST has established a telephone number to receive complaints and has undertaken communication campaigns. It has also reinforced the capacities of judicial officers and civil society through the establishment of local committees in various regions of the country. The Government also reports the establishment of the Directorate for Children, Young Persons and the Family (DINAF) through Executive Decree No. PCM 27-2014, the responsibilities of which include the protection of persons under 18 years of age. The Committee notes the statistics on the number of investigations and prosecutions conducted between 2010 and 2015, namely 25 cases investigated and 19 prosecutions concerning trafficking, and 45 investigations and 27 cases prosecuted for commercial sexual exploitation. While taking due note of these data, the Committee notes with concern the low number of convictions, namely five cases of trafficking and 31 cases of sexual exploitation out of a total of 407 child victims reported, without taking into account the number of cases which have not been reported. The Committee also notes that the Special Rapporteur on the sale of children, child prostitution and child pornography, in her follow-up report of 2014 (A/HRC/28/56/Add. 1), noted that, despite the absence of accurate and verifiable statistical data, the sale and sexual exploitation of children in Honduras remains widespread (paragraph 8). She also urged the Office of the Public Prosecutor to take a proactive approach to the investigation and criminal prosecution of offences and to reinforce the system of justice in the country (paragraph 24). In this respect, the Committee also notes that, according to the concluding observations of 2015 concerning the application of the Optional Protocol to the Convention on the Rights of the Child, on the sale of children, child prostitution and child pornography (CRC/C/OPSC/HND/CO/1, paragraph 26), the Committee on the Rights of the Child (CRC) expressed serious concern at the impunity concerning offences covered by the Protocol, namely the sale and trafficking of persons under 18 years of age with a view to commercial sexual exploitation or their use for the purposes of prostitution, the production of pornography or pornographic performances. The Committee urges the Government to intensify its efforts to ensure that the sale and trafficking of persons under 18 years of age for commercial sexual exploitation or for their use in prostitution, the production of pornography or pornographic performances give rise to in-depth investigations and robust prosecutions and that sufficiently effective and dissuasive penalties are applied in practice. It requests the Government to continue providing detailed information on the number of investigations conducted, prosecutions and convictions applied.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking and commercial sexual exploitation. Further to its previous comments, the Committee notes the Government’s indications that a Plan of Action to Combat Commercial Sexual Exploitation and Trafficking of Persons 2015–20 is under preparation. The Government indicates that, in the context of the process of the provision of care to victims, the Office of the Public Prosecutor and the police refer child victims to the Immediate Response Team (ERI), which identifies the victim and the action needed for his or her comprehensive protection. Victims are then sent to protection centres, which offer them psychological and physical support, as well as the measures necessary for their social integration. The Government indicates that there are no specialized programmes or projects for victims of trafficking and commercial sexual exploitation, but that the necessary coordination is ensured with NGOs and civil society. It adds that, in the context of institutional support to combat trafficking of persons in Honduras, 197 victims of trafficking have been provided with care jointly by NGOs and the CICEST. The Committee observes that, in its concluding observations in 2015 (CRC/C/OPSC/HND/CO/1, paragraph 34), the CRC expressed concern that the Government does not have an adequate programme for the physical and psychological rehabilitation and social integration of child victims of sexual exploitation, who are only provided with care by civil society organizations. Recalling that the 2012 Act to combat trafficking, referred to above, contains exhaustive provisions on the protection, assistance and social rehabilitation of victims of trafficking and commercial sexual exploitation, the Committee requests the Government to take immediate and effective measures for the implementation in practice of action for the provision of comprehensive assistance to children and young persons who have been victims of commercial sexual exploitation and trafficking for that purpose. It requests the Government to provide detailed information on the number of children who have been removed from trafficking and commercial sexual exploitation and who have benefited from social rehabilitation measures, and the results achieved, particularly in the context of the National Plan of Action 2015–20.

Clause (d). Children at special risk. 1. Street children. Further to its previous comments, the Committee notes the establishment of the DINAF, with responsibility for the protection of children. It also notes the statement by the Government during the examination of its report by the Committee on the Rights of the Child, according to which 2014 statistics refer to 5,000 street children in Honduras and that a zero begging campaign has been conducted with a view to removing children from begging and helping their families to provide for their needs. It also notes new section 179-E of the Code for Children and Young Persons (as revised by Decree No. 35-2013, of 6 September 2013), under the terms of which any person who makes use of a child for purposes of begging shall be liable to imprisonment of from three to six years, and that aggravating circumstances include the victim being under 12 years of age or being a victim of trafficking. However, it notes that the Government’s report does not contain information on the number of children who have been removed from the streets and who have benefited from rehabilitation and social integration measures. Similarly, the Committee notes that, in its concluding observations in 2015 (CRC/C/HND/CO/4-5, paragraph 81), the CRC deplores the lack of information on the situation of street children. The Committee urges the Government to take the necessary measures to protect street children from the worst forms of child labour and to provide information on the number of children removed from the streets and who have benefited from rehabilitation and social integration measures.

2. Indigenous children. Further to its previous comments, the Committee notes the Government’s indication that a study on indigenous children was prepared jointly with UNICEF in 2013. However, the Government does not provide any information in its report on the findings of the study, nor on the measures adopted to protect indigenous children from the worst forms of child labour. The Committee notes that, according to its concluding observations of 2015 (CRC/C/HND/CO/4-5, paragraph 77), the CRC expresses concern at the persistent practice of child labour, including its worst forms, among children of indigenous and African extraction. Recalling that the children of indigenous peoples are often the victims of exploitation, which takes on very diverse forms, and that these children are particularly exposed to the risk of becoming engaged in the worst forms of child labour, the Committee once again requests the Government to intensify its efforts to protect these children from the worst forms of child labour. In this regard, it requests the Government to take the necessary measures and to provide information on the results achieved in this field, particularly in the context of the study conducted with UNICEF.

Clause (e). Special situation of girls. Child domestic workers. The Committee noted previously that a large number of children, mainly girls, are engaged in domestic work and it requested the Government to take effective measures in that respect. The Committee notes with regret that the Government’s report does not contain any new information on this subject. It recalls that children engaged in domestic work, and mainly young girls, are often victims of exploitation, which takes on very diverse forms, and that it is difficult to supervise their conditions of employment. The Committee therefore requests the Government to take immediate and effective measures to protect children engaged in domestic work from the worst forms of child labour, taking particularly into account the special situation of girls. It once again requests the Government to provide information on the measures adopted and the results achieved in this field, with an indication of the number of children engaged in domestic work who have been removed from situations of the worst forms of child labour and have benefited from rehabilitation and social integration measures.

Article 8. International and regional cooperation. Commercial sexual exploitation and trafficking for that purpose. Further to its previous comments, the Committee notes the Government’s indication that the Office of the Public Prosecutor is a member of the Regional Coalition to Combat Trafficking and Smuggling of Persons, and of the Regional Commission, so as to provide and accelerate the exchange of information on the cases reported in the various countries. The Government adds that the unit responsible for combating commercial sexual exploitation and trafficking of persons has since 2012 repatriated five victims of trafficking, including three to Nicaragua and one to Mexico. The Committee notes the series of strategies to improve the effectiveness of the regional coordination to combat trafficking, in which Honduras participates, including the national and regional guidelines for the reinforcement of inter institutional and international coordination to combat trafficking of persons, the regional strategy for comprehensive care and support for the victims of trafficking of persons, and the regional communication strategy to prevent trafficking of persons. The Committee requests the Government to provide detailed information on the results achieved in the framework of the implementation of these various agreements, and particularly on the number of children repatriated to their countries of origin.

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