Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Ecuador (Ratification: 2000)

Articles 3(a)–(c) and 7(1) of the Convention. The trafficking of children and their use in commercial sexual exploitation and illicit activities and penalties. The Committee previously noted the substantial number of children that were victims of the worst forms of child labour, including commercial sexual exploitation and trafficking for this purpose. The Committee also noted the Government’s indication that new legislation was being considered to further protect children from the worst forms of child labour, including their participation in the production, marketing and advertising of harmful substances and objects.

The Committee notes with interest the Government’s recent legislative measures which establish prohibitions and penalties for the worst forms of child labour. More concretely, the Committee notes the new Penal Code of 10 February 2014, which contains specific provisions and aggravated penalties for crimes involving children in commercial sexual exploitation and trafficking for that purpose (sections 91, 92, 100 and 102) and illicit activities, including in connection with harmful substances (section 220). The Committee also notes that both the Penal Code (sections 445–447) and recent amendments to the Constitution (article 78) provide for a special system of protection for victims of crimes, including children. The Government refers, in this respect, to the Regulation for the System of Protection and Assistance to Victims, Witnesses, and other Participants in the Penal Process (SPAVT) of April 2014, which guarantees special protection and assistance to victims of crimes, including child victims. The Committee notes that the SPAVT also assigns new responsibilities to the General Prosecutor’s Office to direct and regulate this system. While taking note of the new legislation, the Committee requests the Government to ensure that it is effectively applied through thorough investigations and robust prosecutions of persons who engage children in the worst forms of child labour. The Committee also requests the Government to provide information on the application of the new provisions of the Penal Code concerning the worst forms of child labour, including the number of investigations, prosecutions and convictions, and the duration of the sentences imposed in this respect.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing children from being engaged in the worst forms of child labour, removing them from these forms of labour and ensuring their rehabilitation and social integration. Commercial sexual exploitation of children and the trafficking of children for this purpose. In its previous comments, the Committee noted the Government’s national plan to combat the trafficking of persons, the illicit trafficking of migrants, sexual exploitation, economic and other forms of exploitation, the prostitution of women, boys, girls and young persons, child pornography and the corruption of minors (the National Plan).

The Committee notes the Government’s indication that, under the National Plan, a Unit Against Human Trafficking and Smuggling of Migrants was established in 2012, which coordinates programmes and projects, with assistance from the Secretary of National Planning and Development (SENPLADES). The Committee further notes the Government’s efforts to cooperate with the International Organization of Migration (IOM) to implement a National Protocol to Combat Human Trafficking as well as to implement the National Plan in the areas of prevention, integral protection, investigation, sanction and coordination. The Government states that, under the National Plan, it carried out: the first national survey on human trafficking; nine studies on human trafficking at the provincial and city levels; and nine studies on the problem of human trafficking at the municipal level. The Government also indicates that, with ILO technical assistance, it has created a Registration System for Cases of Human Trafficking (SURTI). The Committee also notes the Government’s information concerning measures undertaken in Cuenca and Machala, including with ILO assistance, to prevent and combat commercial sexual exploitation. Finally, the Committee notes the Government’s detailed information concerning the National Plan to Combat Human Trafficking, which aims to, among others, provide assistance and protection to victims and ensure their social and economic reintegration, with special attention given to children. The Committee requests the Government to continue to take effective and time-bound measures, including within the framework of the National Plan and the National Protocol to Combat Human Trafficking, to ensure the prevention of children from becoming engaged in trafficking and commercial sexual exploitation, and to provide assistance to victims and ensure their rehabilitation and social integration. It further requests the Government to provide updated information on the registered cases of child victims of trafficking in the SURTI.

Article 8. International cooperation and assistance. Trafficking for the purpose of commercial sexual exploitation. Further to its previous comments, which noted the cooperation agreement between the Government, Peru and Colombia regarding the commercial sexual exploitation of children and the trafficking of children for this purpose, the Committee notes the Government’s information concerning the combined efforts to strengthen the prosecution and police capacities in the countries, particularly along the border. The Government indicates that a bi-national meeting was organized involving 70 prosecutors and police along the borders between Ecuador and Colombia, and that a meeting was held with Peru. Noting the Government’s indication that the results of these surveys are not yet available, the Committee requests the Government to provide this information once it is received, as well as to provide statistics on the number of child victims detected and repatriated to their country of origin.

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