Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Timor-Leste (Ratification: 2009)

Autre commentaire sur C182

Demande directe

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Article 3 of the Convention. Worst forms of child labour. Clause (a). Trafficking in persons. The Committee notes with interest the adoption of Law No. 3/2017, of 25 January 2017, which amends sections 163 and 164 of the Penal Code, extending the definition of child trafficking to all persons under 18 years of age and foreseeing aggravated penalties for the crimes of slavery and trafficking in persons when the victims are under 18. The Committee notes that the new section 163(3) of the Penal Code foresees a punishment of 8 to 20 years imprisonment for “any person who recruits, transports, transfers, harbours or receives a person under 18 years for the purpose of exploitation”. It further notes that the new section 163(2) defines exploitation as “including at a minimum, the exploitation of prostitution or other forms of sexual exploitation, … labour exploitation or the exploitation of the services of others, forced labour or debt bondage, begging, slavery, … exploitation of other criminal activities, or the use in armed conflicts or in civil insurrections.” Section 164 provides for a stronger penalty if this is committed against a person under 18 years. The Committee requests the Government to provide information on the application of Law No. 3/2017 and of the above-mentioned provisions of the Penal Code, including their impact on preventing and combating the trafficking of children under 18 years of age, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed.

Clauses (b) and (c). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. Use, procuring or offering a child for illicit activities, in particular the production and trafficking of drugs. Begging. In its previous comments, the Committee observed that sections 155, 174, 175 and 176 of the Penal Code, as well as the prohibitions on the use, procuring or offering of a child for prostitution, production of pornography or pornographic performances contained in both the Labour Code of 2012 (section 67(2)(b)) and the draft Child’s Code (section 39) only provided protection to children under 17 years of age. In this connection, the Committee recalled that pursuant to Articles 1, 2 and 3 of the Convention, the worst forms of child labour must be prohibited to all children under 18 years of age and requested the Government to ensure that the legislation be amended so that the use, procuring or offering of a child for the purpose of begging, prostitution, production of pornography and pornographic performances, as well as for illicit activities, in particular the production and trafficking of drugs, would be prohibited for all children under 18 years of age. The Committee notes with regret that sections 155, 174, 175 and 176 of the Penal Code, which prohibit promoting, facilitating, or contributing towards engaging another person in prostitution, as well as the use, recruitment or offer of a child for the practice of unlawful acts or activities, namely the production and trafficking in narcotics, and the use of a child for begging, have not been amended and therefore only provide protection to children under 17 years of age. Observing that the protection offered by the legislation only covers children under 17 years of age, the Committee once again urges the Government to prohibit the use, procuring and offering of all persons under the age of 18 years for illicit activities, for the purpose of prostitution, production of pornography and pornographic performances, as well as their use for begging. It requests the Government to provide information on the measures taken in this regard, in its next report.

Clause (d) and Article 4(1). Hazardous work and determination of types of hazardous work. Observing that the protection offered in sections 67(1) and 67(2)(d) of the Labour Code of 2012, section 155 of the Penal Code and section 79 of the draft Child’s Code which prohibit the employment of children in hazardous work, only applies to persons under 17 years of age, the Committee had urged the Government to amend such legislation to prohibit the engagement of all children under 18 years of age in hazardous types of work, in conformity with Article 2 and Article 3(d) of the Convention. The Committee had also hoped that a list of hazardous types of work prohibited to all children under 18 would be adopted after consultation with the organizations of employers and workers concerned. The Committee notes the Government’s information that a draft Decree Law for the protection of all children under 18 years in hazardous types of work has been prepared after consultations between tripartite partners and other relevant stakeholders, and is to be submitted to the Council of Ministers for adoption. The Committee expresses the firm hope that such Decree Law will be adopted without delay, and urges the Government to take the necessary measures to ensure that the above-mentioned legislation is amended to prohibit the engagement of all children under 18 years of age in hazardous types of work. It requests the Government to provide a copy of the Decree Law, once adopted.

Articles 5 and 7(1) and (3). Monitoring mechanisms and penalties. The Committee had requested the Government to provide information on the activities of the General Directorate of Labour Inspection, particularly on the work of the staff dedicated to addressing the worst forms of child labour, including the number of violations detected in this regard, and the specific penalties applied. It also requested information on the progress made towards the establishment of a national commission on child labour. The Committee notes the Government’s indication that the Statute of the Labour Inspection assigns such office with the specific mandate to promote working conditions and to inspect the employment of children at the workplace. In the period 2012–17, 25 labour inspectors conducted 6,560 regular labour inspections, including with the aim to protect children from the worst forms of child labour. However, no information on violations detected and on the specific penalties applied is provided. The Government further indicates that there is no information on the number of investigations, prosecutions, convictions and penalties applied. The Committee notes with interest that Government Resolution No. 1/2014 established the National Commission on Child Labour (CNTI), as the responsible entity for the implementation of the Convention in Timor-Leste, including to draft the national action plan against child labour and to draft, approve and periodically review the list of hazardous work forbidden to children under 18, as well as to monitor and evaluate their application. According to such Resolution, the CNTI is composed of different ministries, employers’ and workers’ organizations, as well as civil society representatives, and meets quarterly. The Committee requests the Government to provide detailed information on the activities of the CNTI and their results. It further requests the Government to continue to provide information on the activities of the General Directorate of Labour Inspection, particularly on the work of the staff dedicated to addressing the worst forms of child labour, including the number of violations detected in this regard, and the specific penalties applied.

Article 6. National programmes of action. The Committee notes the Government’s indication that the Council of Ministers approved a National Action Plan for Children 2016–20, as a strong commitment for the protection of children. The Plan foresees, among other measures, the adoption and amendment of laws (Constitution Penal Code and labour law) and policies in order to prevent and address child labour and children’s exploitation, as well as to combat trafficking in persons. The Committee further notes the information provided by the Government that the National Action Plan to eliminate the Worst Forms of Child Labour in Timor-Leste is ready for submission to the Council of Ministers for approval. The Committee encourages the Government to pursue its efforts to ensure that the National Action Plan to eliminate the worst forms of child labour is adopted as soon as possible. It also requests the Government to provide a copy of this plan, once adopted, and to provide information on its implementation.

Article 7(2). Effective and time-bound measures. Clauses (a) and (c). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes the information provided by the Government on follow-up to the concluding observations on the initial report of Timor-Leste to the Committee on the Protection of the Rights of Migrant Workers and members of their families, according to which the Government engaged in a national campaign and disseminated information to commemorate the World Day against Child Labour in an effort to specifically protect children from forced and abusive labour [CMW/C/TLS/CO/1/Add.1, paragraph 4]. It further notes that, as indicated in the Decent Work Country Programme 2016–2020, in response to the interest expressed by the Government, the ILO has been providing technical assistance on action to eradicate child labour, notably by conducting a nationwide survey on child labour and forced labour in 2016. The survey indicates a high prevalence of child labour at about 24 per cent among 6–14 year olds and that 6.9 per cent of children aged 5–17 years are involved in hazardous work. Nearly 2 in every 3 children in hazardous work are working as “field crop and vegetable growers”. While 76.7 per cent of the children engaged in hazardous work attend school, they are less likely to attend school compared to those not involved in hazardous activities. The survey shows that the main reasons for children to work are to supplement family income and to learn skills. [Timor-Leste National Child Labour Survey 2016 – Analytical Report, ILO 2019]. In this context, the Committee takes due note of the Government Resolution No. 18/2017, of 12 April 2017, which adopts a National Policy for Inclusive Education. Among others, the policy underlines the disparities that persist in access to education between children from urban and rural areas and includes measures aiming at fostering the return to school of child labourers (objective 7), especially by means of the reinforcement of the educational subsidy, Bolsa da Mãe, and the revision of curricula to promote the development of skills adapted to the local context. In view of the fact that education is key to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to pursue its efforts to facilitate access to free basic education for all children, with a particular focus on children from poor families and rural areas. It requests the Government to continue to provide information on measures taken in this regard and on the results achieved, particularly with regard to increasing school enrolment rates, and reducing the number of out-of-school children, paying particular attention to disparities in access to education based on gender, socio-economic and ethnic criteria.

Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking and commercial sexual exploitation. The Committee notes the Government’s reply that no information is accessible yet on the number of victims of trafficking and commercial sexual exploitation under 18 years of age who have been identified by the National Division for Social Reinsertion, as well as on the number of child victims who have received services for their rehabilitation and social reintegration. The Committee also notes that Law No. 3/2017, of 25 January 2017, specifically addresses the protection and assistance to child victims of trafficking, taking into account their particular needs in terms of accommodation, healthcare and education. The Committee requests the Government to provide information on the number of victims of trafficking and commercial sexual exploitation under 18 years of age who have been identified, as well as the number of child victims who have received services for their rehabilitation and social reintegration.

Clause (d). Identify and reach out to children at special risk. Street children. The Committee notes the Government’s statement that so far the number of street children has not been assessed. The Committee also notes that, according to the National Action Plan of Children 2016–20, the Government foresees to undertake a study on street children, to develop a strategy for their protection and to provide these children with adequate protection and assistance for recovery and social reintegration, including shelter. Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee requests the Government to continue to provide information on the measures taken to protect such children from the worst forms of child labour, including the number of street children who have benefited from any initiatives taken in this regard.