Worst Forms of Child Labour Convention, 1999 (No. 182) - Argentina (Ratification: 2001)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the Confederation of Workers of Argentina (CGT Autonomous), received on 31 August 2021.

Article 3 of the Convention. Worst forms of child labour. Clauses (a) and (c). Trafficking of children for sexual and labour exploitation. In its previous comments, the Committee noted the legislative and institutional framework to combat the trafficking of children and requested the Government to continue providing information on the effect given to Act No. 26842 of 2012 to combat trafficking in persons and assist victims in relation to cases of trafficking of children for sexual and labour exploitation. In this regard, the Committee notes the Government’s indication in its report that during the period 2018-19 there were a total of 22 convictions for the crime of trafficking of children (ten for labour exploitation, 11 for sexual exploitation and one for forced marriage). The total of victims under 18 years of age affected by these cases was 35, the majority of whom were girls. It also notes the examples of court sentences relating to cases of the trafficking and sexual exploitation of children provided by the Government.

With reference to the resources available to the labour inspectorate to detect situations of child trafficking, the Government indicates that in 2018 the Secretariat of Labour adopted, through Decision No. 230/2018, a special procedure to assess evidence of trafficking for labour exploitation which may be detected by labour inspectors during their inspections, one part of which is intended for persons under 18 years of age. The Committee notes the Government’s indication that there were 11 cases in which evidence was noted of trafficking of persons under 18 years of age for labour exploitation during the period 2018/19. The Committee welcomes the measures adopted by the Government to improve the detection of cases of trafficking of children for labour exploitation and requests the Government to continue providing information on the number of investigations, prosecutions and convictions under Act No. 26842 in relation to the trafficking of children for labour and/or sexual exploitation. The Committee also requests the Government to continue providing updated statistical data on the number of child victims of trafficking.

Article 7(2). Effective and time-bound measures. Clause (e). Special situation of girls. The Committee notes that, according to the Survey of Activities by Boys, Girls and Young Persons (EANNA) 2016-17, girls and young persons who work are mainly engaged in intensive unpaid domestic work. Moreover, 12.5 per cent of girls who work in urban areas care for children, elderly or sick persons, and that for that reason night work is common for them in view of their care work. The Committee notes in this regard the indication by the CTA Autonomous that the findings of the EANNA shed light on the gender inequalities in child labour in all regions of the country, and emphasizes that intensive domestic work in their own household, in which a majority of working girls and young persons are engaged, is prejudicial to their rest, play and schooling. The Committee requests the Government to provide information on the measures adopted taking into account the special situation of girls engaged in intensive domestic or care work with a view to preventing them from becoming victims of the worst forms of child labour.

International cooperation. The Committee notes that the Government is continuing to participate actively in the Latin America and Caribbean Free of Child Labour Regional Initiative, and that in this context it has engaged in the exchange of good practices with countries that are members of the Initiative.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the General Confederation of Labour of the Argentine Republic (CGT RA), received on 1 September 2021.

Article 3 of the Convention. Worst forms of child labour. Clause (d). Hazardous types of work. In its previous comments, the Committee noted the adoption of Decree No. 1117/2016 determining the list of hazardous types of work prohibited for persons under 18 years of age and requested the Government to provide information on the effect given to the Decree. The Committee notes with concern that, according to the Survey of Activities by Boys, Girls and Young Persons (EANNA) 2016-17, a total of 538,871 boys, girls and young persons between the ages of five and 17 years engaged in work perform hazardous types of work: 117,377 in rural areas and 421,494 in urban areas. Moreover, one in every three boys, girls and young persons are tired by the work they perform; around one in three indicate that they suffer from excessive cold or heat in carrying out their work; and one in four boys and girls who work in urban areas carry out their work in the street or a means of transport. Moreover, the CGT RA indicates in its observations that boys and girls under 18 years of age are engaged in types of work that are prohibited by Decree No. 1117/2016. The Committee urges the Government to take the necessary measures to ensure that the legislation on hazardous types of work is applied effectively so that no boy, girl or young person under 18 years of age is engaged in types of work which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals. In this regard, it requests the Government to provide information on the number of violations of Decree No. 1117/2016 that have been detected and the penalties imposed.

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

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the observations of the Confederation of Workers of Argentina (CTA), received on 11 September 2017, and the Government’s report.

Article 3 of the Convention. Worst forms of child labour. Clauses (a) and (b). Commercial sexual exploitation of children and sale and trafficking for this purpose. In its previous comments, the Committee noted that the CTA and the General Confederation of Labour (CGT), while highlighting the recent progress made at the legislative level, particularly in relation to the repression of trafficking, nevertheless considered that the Government needed to reinforce the inspection system. The Committee also noted Act No. 26482 of 26 December 2012 to combat trafficking in persons, which extends the definition of the types of exploitation falling within the scope of the Act and increases the severity of the related penalties. The Committee noted the establishment of the Executive Council to Combat Human Trafficking and Exploitation, the action taken by the Federal Justice Council to develop means of prevention and the investigation of crimes relating to trafficking in persons and, finally, the programmes of several ministries focusing on policies to build capacities and provide the necessary technical assistance for the detection of situations of trafficking, the provision of assistance to victims and the prosecution of perpetrators.

With regard to the capacity of the labour inspection services to supervise and enforce the legislation, the Committee noted the adoption of Act No. 26940 to promote registered work and prevent labour fraud, establishing; (i) a public registry of employers which have received labour sanctions (REPSAL), including for violations of the legislation prohibiting child trafficking and child labour; and (ii) a statistical information system (COODITIA), which centralizes the data gathered by the labour inspection services.

The Committee notes the observations of the CTA emphasizing the recent progress at the legislative level, and an improvement in the effectiveness of the inspection system. However, the CTA indicates that the real situation on the ground has not changed and that Argentina remains a country of destination, origin and transit with regard to the trafficking of women and children for sexual exploitation.

The Committee notes the Government’s indication in its report that the Secretariat for Children, Young Persons and the Family (SENNAF) is taking action in all fields of trafficking in persons, including the trafficking of persons under 18 years of age. The SENNAF has taken actions by means of developing of protocols and model approaches applied in various provinces. The Government also reports the adoption of Resolution No. 1280/2015 approving a single protocol to coordinate action in relation to the trafficking of persons and the protection of victims. The Committee notes the document published by the Ministry of Public Finance and the Directorate of Protection against Trafficking and Exploitation of Persons (PROTEX) containing instructions on how to obtain evidence from victims of trafficking. The Committee also notes the Government’s indications that, since 2014, PROTEX has recorded 45 cases of the exploitation of minors, including 20 cases of sexual exploitation, of which 19 resulted in convictions. Finally, the Government indicates that supplementary training has been provided to 1,558 labour inspectors on the detection of trafficking in persons. The Committee requests the Government to continue providing information on the measures taken to strengthen the resources available to the labour inspection services and their results in terms of the number of children removed from trafficking for commercial sexual exploitation. It also requests the Government to continue providing information on the violations reported, investigations, prosecutions, convictions and penal sanctions applied in the context of cases of the sale and trafficking of children.

Clause (b). Use, procuring or offering of a child for prostitution. The Committee previously noted section 2(c) of Act No. 26482 which includes, among the conduct prohibited by the Act, the offering, promotion or exploitation of the prostitution of others, and Decree No. 936 of 2012 prohibiting the advertisement or commercial offering of sexual services and explicit or implicit requests for such services.

The Committee notes that, according to the CTA, girls under 18 years of age engage in prostitution due to the lack of enforcement of the law in practice and the absence of detection, investigation, prosecution and the conviction of perpetrators. The Committee notes that the Government has not provided information on child prostitution. However, it notes that, in its concluding observations of November 2016, the Committee on the Elimination of Discrimination against Women noted with concern the presence of girls in prostitution in Argentina, in addition to the lack of effective prevention policies and measures to investigate, prosecute and convict all the perpetrators involved in the prostitution of girls (CEDAW/C/ARG/CO/7, paragraph 22). The Committee therefore once again requests the Government to provide information on the effect given in practice to section 2(c) of Act No. 26482 regarding child prostitution, including any statistics indicating the number and nature of the offences reported, investigations, prosecutions, and convictions and sanctions applied in this context.

Article 8. International cooperation. The Committee notes that Argentina is participating in the Latin America and the Caribbean Free of Child Labour Regional Initiative, the objective of which is to reinforce intergovernmental cooperation to combat child labour through prevention and intra- and inter-sectoral institutional coordination. The Committee requests the Government to provide information on the measures taken for the implementation of the Regional Initiative.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 4(1) of the Convention. Determination of the list of hazardous types of work. The Committee notes with satisfaction the adoption of Decree No. 1117/2016 determining the list of hazardous types of work prohibited for persons under 18 years of age. The Committee notes that this list includes: work underground, under water, at dangerous heights or in confined spaces; work with certain dangerous or heavy machinery and tools; exposure to hazardous chemicals; work which exposes children or young persons to noise, vibration, extreme temperatures, radiation, high concentrations of humidity or hazardous components; work involving exposure to hazardous biological agents; night work and overtime work; work in construction or involving the handling of asphalt; work with electricity; work in the production or sale of alcohol; and modelling involving eroticized images of children and young persons. The Committee requests the Government to provide information on the effect given in practice to Decree No. 1117/2016, including the violations reported and penalties imposed.

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

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

The Committee notes the observations of the Confederation of Workers of Argentina (CTA), received on 25 August 2014, as well as the observations of the General Confederation of Labour (CGT), received on 1 September 2014.

Article 3 of the Convention. Worst forms of child labour. Clauses (a) and (b). Commercial sexual exploitation of children and sale and trafficking for this purpose. In its previous comments, the Committee noted that Argentina is a country of destination of trafficking for the sexual exploitation of women and young girls.

The Committee notes the observations of the CTA and the CGT, which highlight the recent legislative advancements in the country, particularly as regards trafficking, but indicate that the Government will need to strengthen its inspection system to ensure the effective application of that legislation.

The Committee further notes with interest the Government’s information concerning its legislative advancements to eliminate and sanction trafficking in persons. In this connection, the Committee notes Act No. 26.482 of 26 December 2012 on trafficking in persons, which modifies Act No. 26.364 of 30 April 2008 on the prevention of, and conviction for, trafficking in persons, as well as several provisions of the Penal Code concerning sexual crimes. The Committee notes the Government’s indication that Act No. 26.482 is intended to broaden the types of prohibited exploitation and increase the related penalties.

The Committee also notes the detailed information in the Government’s report concerning its programmatic measures to prevent and sanction the trafficking of persons, including children, under the 2010–14 National Rescue Programme in the prevention and sanctioning of trafficking in persons. According to the Government’s information, the number of children rescued under this programme has increased from 81 in 2010 to 181 in 2013 and 64 as of June 2014. The Committee further notes the Government’s indication that 263 capacity-building exercises were carried out between 2009 and 2014 to sensitize public society and enhance the capabilities of public officers and other instrumental community figures. In addition, the Committee notes the establishment of the Executive Council to Combat Human Trafficking and Exploitation, the activities undertaken by the Federal Council of Justice to enhance the capacity of prevention and investigations of the crime of human trafficking, and the programmes undertaken by several ministries to further develop policies of capacity building and provide technical assistance to identify victims of trafficking and enhance the identification and punishment of perpetrators of that crime.

With respect to the capacity of its labour inspectorate to investigate and enforce this legislation, the Committee notes the Government’s information on its digital inspection system (INDI) which contains data concerning employers and workers, using the statistical data provided by the National System of Social Security (ANSes) and the Federal Administration of Public Revenue (AFIP) to corroborate that information. The Committee also notes the adoption of Act No. 26940 on the promotion of registered work and prevention of labour fraud, which has established: (i) a public registry (REPSAL) that publishes labour sanctions against employers, including for violations of the legislation prohibiting trafficking and child labour; and (ii) a statistical information system (COODITIA) which, following inspections, registers findings of child labour disaggregated by age, percentage of unregistered children, labour activity and other factors.

The Committee also notes the statistical information submitted by the Government, including the 2013–14 child labour inspection results disaggregated by age and economic activity, as well as the results of inspections concerning trafficking in persons from 2008 to 31 August 2014, according to which 808 out of the 7,269 victims who were rescued from trafficking (approximately 11 per cent) were children and approximately one half of the total cases involved commercial sexual exploitation. The Committee requests the Government to continue to provide information concerning its legislative and programmatic measures to enhance the capacity of labour inspectors and law enforcement to prosecute and impose dissuasive penalties on all persons who traffic in children for the purposes of sexual or labour exploitation. It further requests the Government to transmit the statistical data collected under the COODITIA, particularly as it concerns the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied for violations of the legal prohibitions on the sale and trafficking of children.

Clause (b). Use, procuring or offering of a child for prostitution. The Committee recalls its previous comment that Act No. 26.364 of 30 April 2008 does not provide for the penalization of customers for using a child under 18 years of age for prostitution. The Committee notes with interest the Government’s reference to section 2(c) of Act No. 26.482, which modifies sections 2–4 of Act No. 26.364 to include, under the prohibited acts of unlawful exploitation the offering, promotion or commercialization of prostitution of others. The Government also refers to Decree No. 936 of 2012 which prohibits advertisements that offer commercial sexual activities or make explicit or implicit requests for such activities. The Committee requests the Government to provide information on the effect given in practice to section 2(c) of Act No. 26.482 concerning child prostitution, including statistics on the number and nature of the offences reported, the investigations conducted, prosecutions and convictions in this respect.

Article 4(1). Establishment of the list of hazardous types of work. Further to its previous comment, the Committee notes the Government’s indication that the draft Decree regulating the types of work that are hazardous to children remains before the President to be signed. Recalling that the Government has been reporting on the process of finalizing this Decree for several years, the Committee urges the Government to adopt the list of hazardous work without further delay.

Article 7(2) of the Convention. Effective and time-bound measures. Clauses (a) and (b). Preventing children from being engaged in the worst forms of child labour and removing them from such labour. Tourist activities. Further to its previous comment, the Committee notes the Government’s information concerning measures that have been adopted under the Programme on Responsible Tourism and Childhood (TRel). In this connection, the Committee takes due note of the TRel’s promotion of the Code of National Conduct, which incorporates the social responsibility and ethics laid out in the Global Ethical Tourism Code, as well as the numerous cooperative activities undertaken with several governmental institutions in the context of child protection and the prevention of trafficking.

Clause (d). Children particularly exposed to risks. Children of illegal migrant families. The Committee previously requested the Government to provide information on the time-bound measures taken to ensure that the children of illegal migrant families have access to education. The Committee notes with interest the Government’s reference to the National Education Act No. 26.606 of 2010, which guarantees under section 143 equal access to education for all migrants, irrespective of whether they have a national identity document (DNI). The Government also references Act No. 25.871 of 2004, which provides judicial protection for child migrants and the children of migrants to guarantee the right to family reunification.

Article 8. International cooperation. MERCOSUR. Further to its previous comment, the Committee notes with interest the Government’s reference to the project “MERCOSUR united against the sexual exploitation of children, in cooperation between Argentina, Brazil, Paraguay and Uruguay”, which focuses on agricultural child labour, domestic child labour and the commercial sexual exploitation of children. The Committee further notes the Government’s information concerning the measures it has implemented under the programme, in particular its participation in the MERCOSUR Regional Conferences and the measures undertaken by the National Commission for the Elimination of Child Labour (CONAETI) to raise local awareness and enhance the capacities of national and municipal authorities.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 7(2) of the Convention. Effective and time-bound measures. Clauses (a) and (b). Preventing children from being engaged in the worst forms of child labour and removing them from such labour. Tourist activities. The Committee previously noted that a programme on responsible tourism and childhood had been introduced and that a brochure on responsible tourism produced to raise awareness among tourists. It also noted that a draft code of practice for tourism was being prepared. Noting the absence of information in the Government’s report on this point, the Committee requests the Government to provide information on the measures adopted and the results achieved in the context of the Programme on Responsible Tourism and Childhood.

Clause (d). Children particularly exposed to risks. Children of illegal migrant families. The Committee previously requested the Government to provide information on the time-bound measures taken to ensure the application of section 143 of Act No. 26.206 of 28 December 2006 on national education and section 7 of Act No. 25.871 of 21 January 2004 on migration to ensure that the children of illegal migrant families have access to education. Noting that the Government’s report does not contain information on this subject, the Committee requests the Government to take the necessary measures to protect the children of illegal migrant families against the worst forms of child labour, particularly by ensuring their access to the school system. It requests the Government to provide information in its next report on the measures taken in practice and the results achieved in this respect.

Part V of the report form. Application of the Convention in practice. Further to its previous comments, the Committee notes the findings of the survey undertaken in 2006 on the activities of boys, girls and young persons between the ages of 5 and 17 years in the Province of Córdoba, which were provided in the Government’s report under the Minimum Age Convention, 1973 (No. 138). The Committee nevertheless observes that these statistics do not cover the worst forms of child labour and do not therefore provide information on the number of children engaged in the worst forms of child labour in Argentina. The Committee therefore requests the Government to take the necessary measures to ensure the availability of statistical data illustrating the nature, extent and trends of the worst forms of child labour, insofar as possible, disaggregated by sex and age.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the comments of the General Confederation of Labour (CGT), dated 29 October 2010, and the Government’s report. With reference to its comments under the Forced Labour Convention, 1930 (No. 29), on the sale and trafficking of children and, as Convention No. 182 addresses these worst forms of child labour, the Committee considers that they may be examined more specifically in the context of the present Convention.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. In its previous comments, the Committee noted with interest the adoption of Act No. 26.364 of 30 April 2008 on the prevention of, and conviction for, the trafficking of persons and on assistance to victims. In its observations under Convention No. 29, it notes the comments of the International Trade Union Confederation (ITUC) concerning the international dimension of trafficking according to which Argentina is a country of destination of trafficking for the sexual exploitation of women and young girls from the Dominican Republic, Paraguay and Brazil. It noted that Argentinian women and young girls, mostly originating from the provinces of Misiones, Tucumán, La Rioja, Chaco and Buenos Aires, are also subjected to sexual exploitation abroad, mainly in Spain and Brazil. The Committee also observed that the ITUC’s comments report corruption in the police forces and the direct involvement of police officers in criminal activities related to the trafficking of persons. Furthermore, according to the ITUC, the involvement of the police is one of the significant factors explaining the increase in cases of domestic and international trafficking reported over recent years, as well as the ineffectiveness of the criminal procedures conducted to endeavour to bring those responsible for these acts to justice.

The Committee notes the information from the Office for the Assistance and Support of Victims of Trafficking (Oficina de Rescate y Acompañamiento a Personas Damnificadas por el Delito de Trata) of the Ministry of Justice, Security and Human Rights, contained in the Government’s report on the application in practice of Act No. 26.364 of 30 April 2008. It notes with interest that, since the entry into force of the Act and up to 31 July 2010, a total of 590 raids were carried out, 583 persons were arrested and 921 victims were assisted, including 204 children under 18 years of age. These cases resulted in 15 convictions for the trafficking of persons for sexual exploitation, for which the sentences ranged from four to 15 years of imprisonment. The Committee requests the Government to continue taking the necessary measures to ensure that thorough investigations and vigorous prosecutions of persons engaged in the sale and trafficking of children under 18 years of age, including State employees suspected of complicity, are completed and that sufficiently effective and dissuasive penalties are imposed in practice. It requests the Government to continue providing information on the number of investigations conducted, prosecutions and convictions under Act No. 26.364 of 30 April 2008.

Clause (b). Use, procuring or offering of a child for prostitution. In its previous comments, the Committee noted that the provisions of the Penal Code do not cover the use of a child for prostitution. The Government, however, indicated that Act No. 26.364 of 30 April 2008 covers the use of a child for prostitution. The Committee drew the Government’s attention to the fact that, in the context of the Convention, the use of a child for prostitution applies equally to a person, in this case a client, who performs a sexual act with a child under 18 years of age in return for payment or any other form of benefit. It therefore requested the Government to indicate the manner in which Act No. 26.364 of 30 April 2008 makes it possible, in practice, to prosecute and punish a client for using a child under 18 years of age for prostitution.

The Committee notes the Government’s indication that Act No. 26.364 of 30 April 2008 does not provide for the penalization of a client for using a child under 18 years of age for prostitution. The Committee therefore urges the Government to take immediate and effective measures to prohibit and penalize the use of a child under 18 years of age for prostitution, in accordance with Article 3(b) of the Convention.

Article 4(1). Establishment of the list of hazardous types of work. In its previous comments, the Committee noted that a draft Decree regulating the types of work that are hazardous to children had been prepared, and that the activities included in Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), had been taken into consideration.

Nevertheless, the Committee notes the CGT’s comments that the list of hazardous types of work has still not been established. The Committee therefore requests the Government to take the necessary measures to ensure that the draft Decree establishing the list of hazardous types of work is adopted without delay. It requests the Government to provide information on any new development 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 and removing them from such labour. Commercial sexual exploitation of children and trafficking for this purpose. In its previous comments, the Committee noted the establishment of the National Programme for the Prevention and Elimination of the Trafficking of Persons and Assistance to Victims. It observed that one of the objectives of this Programme is to promote inter-institutional collaboration between government agencies, NGOs and other civil society institutions for the implementation of action to prevent the trafficking of persons and to provide assistance for the social integration of the victims of trafficking.

The Committee notes the establishment of the Office for Assistance and Support to Victims of Trafficking in 2008. This Office is responsible for centralizing action for the prevention and investigation of trafficking of persons, and measures of psychological, medical and legal support and assistance for victims. It also notes that assistance for the rehabilitation and social integration of such children is the responsibility of the Service for the Prevention of, and Assistance to, Victims of Trafficking of Persons (Area de prevención de atención a victimas de trata de personas), which is under the responsibility of the Secretariat for Childhood, Adolescence and the Family (SENNAF).

However, the Committee observes in this respect that the Committee on the Rights of the Child, in its concluding observations of 18 June 2010 on 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/ARG/CO/1, paragraph 39), expressed concern at the absence of a sustained intervention over a period of time for victims, in particular of trafficking. The Committee requests the Government to provide additional information on the concrete measures taken by the Service for the Prevention of and Assistance to Victims of Trafficking of Persons and the Office for Assistance and Support to Victims of Trafficking to prevent children becoming victims of commercial sexual exploitation or trafficking for that purpose, and to provide the necessary and appropriate direct assistance for their removal from these worst forms of child labour and to ensure their rehabilitation and social integration. In respect, it requests the Government to provide information on the results achieved in terms of the number of children who are in practice removed from this worst form of child labour and who have benefited from integration measures.

Article 8. International cooperation. MERCOSUR. The Committee previously noted with interest the measures adopted in the context of MERCOSUR, and particularly the adoption of the Agreement on the introduction of a shared database on boys, girls and young persons in a vulnerable situation and the Agreement on regional cooperation for the protection of the rights of boys, girls and young persons in a vulnerable situation. It also noted that a regional strategy to combat the trafficking of children and young persons for purposes of sexual exploitation and their illegal trafficking is being prepared in MERCOSUR countries, with Argentina, Brazil, Paraguay and Uruguay as pilot countries.

The Committee notes the CGT’s allegations that the Regional Plan for the Prevention and Elimination of Child Labour adopted in the context of MERCOSUR is not effective in practice. It notes the information provided in the Government’s report by the National Commission for the Elimination of Child Labour (CONAETI), which indicates that a meeting was held in November 2009 in Montevideo to make progress with the implementation of the Regional Plan. In this respect, the Committee notes that a preliminary agenda was drawn up for the holding of a workshop on good practices for the prevention and elimination of child labour. It also notes the information provided in the Government’s report of 11 March 2010 on 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/ARG/1, paragraph 289), according to which the SENNAF has coordinated action with a view to developing joint strategies of action against the sexual exploitation of children in the area known as the Triple Frontier, where the borders of Argentina, Brazil and Paraguay meet. Accordingly, the three countries signed a cooperation agreement on action to combat the sexual exploitation of children (paragraph 290), and an awareness-raising campaign was conducted (paragraph 291), following the conclusion of this agreement. Furthermore, in October 2008, the SENNAF reiterated the experience between the Argentinian city of La Quiaca and the city of Villazón in the Plurinational State of Bolivia, which are joined by the international La Quiaca bridge. The Committee requests the Government to continue providing information on the measures adopted and the results achieved in the context of the Regional Plan for the Prevention and Elimination of Child Labour in MERCOSUR and requests it to indicate whether the Regional Strategy to Combat the Trafficking of Children and Young Persons for Sexual Exploitation is currently being implemented. It also requests the Government to provide additional information on the common action taken in the context of the cooperation agreement to combat the sexual exploitation of children signed with Brazil and Paraguay, and on the measures adopted in practice to reinforce cooperation in the La Quiaca/Villazón region.

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

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. Referring to its previous comments, the Committee notes with interest the adoption of Act No. 26.364 of 30 April 2008 on the prevention of and conviction for trafficking of persons and assistance to victims (Act on the prevention of and conviction for trafficking of persons and assistance to victims). It notes that, under section 3(1) of this Act, the expression “trafficking of minors under 18 years of age” refers to the supply, recruitment, transport or transfer (either inside the country or from or to abroad), as well as the accommodation or shelter of persons of less than 18 years of age for purposes of exploitation. According to section 4 of the Act, there is exploitation when a person: (a) is subjected to or maintained in slavery, bondage or similar practices; (b) is obliged to carry out forced or compulsory labour; and (c) promotes, provides or derives benefit from any form of sexual commerce. Section 145ter of the Penal Code, as amended by the Act on the prevention of and conviction for trafficking of persons and assistance to victims, stipulates that anyone found guilty of the crime of trafficking minors under 18 years of age is liable to a prison sentence ranging from four to ten years. The Committee requests the Government to provide information on the application of the Act on the prevention of and conviction for the trafficking of persons and assistance to victims in practice by communicating, in particular, statistics on the number and nature of violations registered, investigations carried out, prosecutions, convictions and penalties applied.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee noted that, under section 125bis of the Penal Code, anyone procuring or offering minors under 18 years of age for prostitution is liable to punishment. It observed that this provision does not cover the use of a child for the purpose of prostitution. In its report, the Government points out that the Act on the prevention of and conviction for the trafficking of persons and assistance to victims covers the use of a child for the purpose of prostitution. The Committee draws the Government’s attention to the fact that, in the context of the Convention, the use of a child for prostitution applies equally to a person, in this case a client, who performs a sexual act with a child under 18 years of age in return for payment or any other form of benefit. The Committee requests the Government to indicate in which manner the Act on the prevention of and conviction for the trafficking of persons and assistance to victims makes it possible, in practice, to prosecute and punish a client for using a child under 18 years of age for prostitution.

2. Use, procuring or offering a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that, although section 128 of the Penal Code provides for penalties for anyone organizing artistic performances that include pornographic scenes involving minors under 18 years of age, it does not cover the use, procuring or offering of a child under 18 years of age for the production of pornography. It noted that a bill amending section 128 of the Penal Code gave effect to the provisions of the Convention on this point. The Committee notes with interest that section 128 of the Penal Code, as amended by Act No. 26.388 of 25 June 2008 on information technology crimes, provides for penalties for anyone who produces, finances, offers, commercializes, publishes, facilitates, discloses or distributes, by any means whatsoever, images of a pornographic nature showing the genitals of minors under 18 years of age, or organizes pornographic performances involving minors in the same age group.

Article 5. Monitoring mechanisms. The Committee notes that, according to the Government, training activities and seminars on the commercial sexual exploitation of children and the role of the labour inspection services in the prevention and elimination of the worst forms of child labour were organized for provincial and municipal state employees, community officials, teachers and NGOs, in the first six months of 2008.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Preventing children from being engaged in the worst forms of child labour and removing them from such labour. 1. Commercial sexual exploitation of children and trafficking for this purpose. Referring to its previous comments, the Committee takes due note of the Government’s information that the National Programme for the Prevention and Elimination of Trafficking of Persons and Assistance to Victims has been created under National Decree No. 1281/2007 of 2 October 2007. One of the aims of this Programme is to promote inter-institutional collaboration between government bodies, NGOs and other civil society organizations to implement actions to prevent the trafficking of persons and help towards the social reintegration of victims of trafficking. The Committee also notes that section 6 of the Act on the prevention of and conviction for trafficking of children and assistance to victims stipulates that these victims are entitled to: adequate food and appropriate accommodation; free psychological, medical or legal support; and assistance for returning to their place or country of origin. The Committee requests the Government to provide information on the impact of measures taken, in the context of the National Programme for the Prevention and Elimination of Trafficking of Persons and Assistance to Victims and the Act on the Prevention of and Conviction for the Trafficking of Children and Assistance to Victims, with respect to: (a) preventing children from being victims of commercial sexual exploitation or trafficking for this purpose; and (b) providing the necessary and appropriate direct assistance to remove child victims from these worst forms of child labour and guaranteeing their rehabilitation and social integration. It requests the Government to provide information on the results achieved.

2. Tourist activities. The Committee requested the Government to provide information on the measures taken to raise awareness among stakeholders in the tourist industry. The Committee takes due note of the detailed information sent by the Government on the measures taken in this area. It notes, in particular, that a programme on responsible tourism and childhood has been introduced and that a brochure on responsible tourism has been produced to raise awareness among tourists. The Committee further notes that a draft code of practice for tourism is being prepared. The Committee strongly encourages the Government to continue its efforts to raise awareness among stakeholders in the tourist industry.

Clause (d). Children particularly exposed to risks. Children of illegal migrant families. In its previous comments, the Committee noted that the Committee on the Rights of the Child, in its final observations on the second periodic report of Argentina in October 2002 (CRC/C/15/Add.187, paragraphs 56 and 57), had expressed concern at the limited access to education, especially secondary education, which particularly affects children from marginalized urban and rural areas as well as those belonging to migrant families, particularly when they were illegal. In its report, the Government states that section 143 of Act No. 26.206 of 28 December 2006 on national education (Act on National Education) and section 7 of Act No. 25.871 of 21 January 2004 on migration (Act on Migration) provides that migrants without official identity documents should be guaranteed access to the school system. The Committee notes that the children of illegal migrant families are at risk of being involved in the worst forms of child labour. It requests the Government to provide information on the time-bound measures taken to ensure the application of section 143 of the Act on National Education and section 7 of the Act on Migration in practice, to ensure that the children of illegal migrant families have access to the education system and be prevented from falling into the worst forms of child labour. It requests the Government to provide information on the results achieved.

Article 8. International cooperation. MERCOSUR. Referring to its previous comments, the Committee notes with interest the detailed information sent by the Government on the measures taken in the context of MERCOSUR. It notes in particular the adoption of the agreement to introduce a shared database on boys, girls and young persons in a vulnerable situation in MERCOSUR and its Associated States, as well as the agreement between the States parties to MERCOSUR and the Associated States on regional cooperation for the protection of the rights of boys, girls and young persons in a vulnerable situation. The Committee also notes that a regional strategy to combat the trafficking of children and young people for purposes of sexual exploitation and their illegal trafficking in MERCOSUR countries is being prepared. In this respect, the Government indicates that the pilot countries chosen to implement the strategy are Argentina, Brazil, Paraguay and Uruguay. The Committee requests the Government to provide information on the measures taken in the context of both agreements made between the States parties to MERCOSUR and the regional strategy to combat the trafficking of children and young people for the purposes of sexual exploitation and their illegal trafficking in MERCOSUR countries in order to: (1) identify and arrest persons working in networks involving the trafficking of children; and (2) detect and intercept child victims of trafficking at the borders.

Parts IV and V of the report form. Application of the Convention in practice. In its previous comments, the Committee had noted that the study entitled “Childhood and adolescence: work and other economic activities” conducted by ILO/IPEC, the Argentine National Institute of Statistics and Censuses and the Ministry of Labour, Employment and Social Security, published in 2006, mentions that 456,207 children aged from 5 to 17 years work in the country and that some of them have frequently to work long hours and undertake hazardous activities akin to the worst forms of child labour. It had nevertheless noted that these statistics did not cover children who are victims of the worst forms of child labour, and particularly of commercial sexual exploitation. The Committee notes that, according to the Government, measures will be taken in the second half of 2008 to establish a provincial centre for monitoring the work of children and young persons. This monitoring centre will gather information on the worst forms of child labour. The Committee firmly hopes that, as a result of the work of the monitoring centre, the Government will be able to provide statistics on the nature, extent and trends of the worst forms of child labour, including the number and nature of violations registered, investigations carried out, prosecutions, convictions and penalties imposed in application of
Article 3(a)–(c) of the Convention.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the information supplied by the Government in its report and the additional information dated 6 October 2006. The Committee notes with interest that, as well as adapting its legislation, the Government has taken administrative measures, organized public information campaigns and participated in a regional cooperation programme with Brazil and Paraguay to eliminate the commercial sexual exploitation of children and the sale of children for this purpose. The Committee also notes the adoption of Act No. 26061 of 28 September 2005 on the comprehensive protection of the rights of girls, boys and young persons, and National Decree No. 415/2006 implementing the Act.

Article 3 of the Convention. Worst forms of child labour.  Clause (a).  Sale and trafficking of child for the purpose of economic exploitation. In its previous comments, the Committee noted that the national legislation contained no provisions prohibiting the sale and trafficking of children under 18 years of age for the purpose of economic exploitation. It notes that the Government’s report contains no information on this matter and asks the Government to provide information on the measures taken to prohibit the sale and trafficking of children under 18 years of age for the purpose of economic exploitation. It also asks the Government to make provision for suitable and effective penalties.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee noted previously that under section 125bis of the Penal Code, anyone procuring or offering minors under 18 years of age for prostitution is liable to punishment. It observed that this provision does not cover the use of a child for the purpose of prostitution. Noting that the Government’s report contains no information on this matter, the Committee requests the Government to provide information on measures taken to prohibit the use of a child for the purpose of prostitution, in accordance with Article 3(b) of the Convention, and to adopt effective penalties.

2. Use, procuring or offering a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that although section 128 of the Penal Code provides for penalties for anyone organizing artistic performances that include pornographic scenes involving minors under 18 years of age, it does not cover the use, procuring or offering of a child under 18 years of age for the production of pornography. The Committee notes with interest that a bill to amend section 128 of the Penal Code provides for penalties for anyone who, inter alia, finances, produces, facilitates or distributes pornographic images in which minors under 18 years of age are presented, or organizes pornographic performances involving minors under 18 years of age. The Committee hopes that the bill will be adopted very shortly so that full effect is given to the provisions of the Convention on this point. It requests the Government to provide information on any new developments in this respect.

Clause (d). Hazardous work. The Committee notes from the information supplied by the Government that Act No. 20.744 on labour contracts prohibits work by children and young persons in hazardous activities. It also notes that, according to the Government, the labour inspection services are responsible for the implementation of labour legislation. It notes though that the Government states that hazardous work engaged in by children as survival strategies is not a matter for regulation by labour law. The Committee notes in this connection that the Human Rights Secretariat held a public consultation regarding the determination of hazardous work which revealed that a relatively large number of children work in the informal sector in activities such as begging, itinerant selling and “cartoneo” (collection of urban waste such as cardboard). According to a study entitled “Childhood and adolescence: Work and other economic activities”, conducted in 2004 by ILO/IPEC in conjunction with the Argentine National Institute of Statistics and Censuses and the Ministry of Labour, Employment and Social Security in three provinces in the north-west of the country (Jujuy, Salta and Tucumán), two in the north-east (Formosa and Chaco), the province of Mendoza and the metropolitan area of Buenos Aires, and published in 2006, more than 137,000 children aged from 5 to 17 years work on their own account. The Committee points out that children who carry on an economic activity without a contractual employment relationship, including on their own account or as a survival strategy, must have the protection provided in the Convention. The Committee refers the Government to its comments under Convention No. 138, and requests it to provide information on the measures taken or envisaged to protect children who carry on an economic activity on their own account, and to provide the protection laid down in the Convention for all children.

Article 4, paragraphs 1 and 3. Establishment and review of a list of types of hazardous work. With reference to its previous comments, the Committee notes the information supplied by the Government to the effect that a draft Decree regulating the types of work that are hazardous to children has been prepared and that the activities included in paragraph 3 of Recommendation No. 190 have been taken into consideration. The Committee hopes that the draft Decree will be adopted as soon as possible and requests the Government to provide information on any new developments in this respect.

Article 5. Monitoring mechanisms. Labour inspection and child labour supervision unit. In its previous comments, the Committee noted that the National Programme of Action on Child Labour provides for the labour inspectorate to be strengthened. It also noted that a unit had been established for child labour supervision and inspection, which is responsible for devising, coordinating and implementing development activities pertaining to the prevention and elimination of child labour. The Committee notes the detailed information sent by the Government on the work done by this unit. It also notes that, according to the Government, as part of the National Plan for the Prevention and Elimination of Child Labour, the inspection services are to be adapted and strengthened for the purpose of dealing with child labour. It also notes that a Child Labour Inspection Plan has been prepared, the aim of which is to improve coordination of the supervision of child labour and its worst forms throughout the country. It encourages implementation of measures that also promote decent work and seeks the elimination of child labour by 2015. The Committee requests the Government to provide information on the measures taken under the Child Labour Inspection Plan, particularly those that concern the role of labour inspectors in the strategy to combat child labour, and to provide statistics on the results of supervisory activities in this area.

Article 6. Programmes of action for the elimination of the worst forms of child labour. Various projects, including ILO/IPEC projects. The Committee notes from information available at the Office that the Government has recently launched a number of action programmes to prevent and eliminate child labour. It requests the Government to provide information on the implementation of these new action programmes and on their results, in terms of eliminating the worst forms of child labour.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Preventing children from being engaged in the worst forms of child labour and removing them from such labour. 1. Regional project on the prevention and elimination of the commercial sexual exploitation of children. In its previous comments, the Committee noted that Argentina was participating with Brazil and Paraguay in the ILO/IPEC programme on the prevention and elimination of the commercial sexual exploitation of children. For Argentina, the programme was being implemented in Puerto Iguazú, a small town near the borders with Brazil and Paraguay close to Foz do Iguaçu in Brazil and Cuidad del Este in Paraguay. According to information available at the Office, the programme aimed to remove 1,000 boys, girls and young persons from this worst form of child labour and to place them in school. Furthermore, some 400 families were to benefit from economic alternatives. The Committee also noted that the National Commission for the Elimination of Child Labour in Argentina had set up, in collaboration with ILO/IPEC, in Puerto Iguazú and the surrounding area, a pilot project, “Luz de Infancia”, for the prevention and elimination of the commercial sexual exploitation of children.

The Committee notes from information available at the Office that the Programme for the Prevention for the Elimination of the Commercial Sexual Exploitation of children has contributed to eliminating this worst form of child labour in the border area between Argentina, Brazil and Paraguay. Furthermore, the beneficiaries of the programme have also received psychological help and training. The Committee also takes note of the information supplied by the Government in its report on the measures taken under the “Luz de Infancia” programme to eliminate the commercial sexual exploitation of children, and particularly the information on the number of children reintegrated into training programmes, and the creation of a centre for comprehensive assistance. The Committee encourages the Government to pursue its efforts and requests it to provide information on results obtained in: (a) preventing children from being sexually exploited or sold for the purpose of sexual exploitation; and (b) providing suitable and essential direct assistance for the removal of children from these worst forms of child labour and their rehabilitation and social integration.

2. Other measures. (i) Measures taken. The Committee takes due note of the many preventive measures taken to prevent children from falling victim to trafficking for the purpose of commercial sexual exploitation. It notes in particular the following measures: (i) preparation and publication of instructional material on the sexual exploitation of children; (ii) training activities and seminars on the commercial sexual exploitation of children organized for provincial and municipal employees, community employees, and workers in the health and trade union sectors by the special unit to promote the elimination of the commercial sexual exploitation of boys, girls and young persons; (iii) public information campaigns organized, inter alia, by the National Commission on the Elimination of Child Labour (CONAETI) and a number of ministeries.

(ii) Measures to be taken. The Committee notes the information sent by the Government concerning the Niñ@Sur Initiative under which measures will be taken to eliminate the worst forms of child labour, and particularly the commercial sexual exploitation of children. It notes in particular that measures are to be taken to strengthen national institutions responsible for public policy on children and young people. The Committee considers that cooperation and the exchange of information between the various players at national and local level which are concerned by the commercial sexual exploitation of children, such as government organizations, organizations of employers and workers, non-governmental organizations and other civil society organizations, are essential to the prevention and elimination of the commercial sexual exploitation of children. It requests the Government to provide information on the measures taken to this end. In view of the fact that there is a certain amount of tourism in Argentina, the Committee also asks the Government to indicate whether measures have been taken to raise awareness among stakeholders in the tourist industry, such as associations of hotel owners, tour operators, taxi syndicates and the owners of bars and restaurants and their employees.

3. Education. In its previous comments, the Committee noted that in its concluding observations on the second periodic report of Argentina in October 2002 (CRC/C/15/Add.187, paragraphs 56 and 57), the Committee on the Rights of the Child, while noting the increase in school enrolment for both primary and secondary school, expressed concern at the limited access to education and the high drop-out and repetition rates, especially at secondary school level, which affect in particular children from marginalized urban and rural areas, indigenous children and those belonging to migrant families, particularly when illegal. The Committee notes the information sent by the Government concerning the various programmes under way to promote education and give all children and young persons in the country access to education, particularly the Comprehensive Programme for Equality in Education (PIIE), the National Plan for Student Scholarships and the National Programme for Inclusion in Education “Todos a estudiar ” and “Volver a la escuela”. Being of the view that education contributes to eliminating many of the worst forms of child labour, the Committee strongly encourages the Government to pursue its efforts to make education available to all children and young persons in the country, including children in marginalized urban and rural areas, indigenous children and children belonging to migrant families, particularly where illegal. Please also continue to provide information on measures taken to this end.

Article 8. International cooperation. 1. Regional project on the prevention and elimination of the commercial sexual exploitation of children. The Committee notes that as part of the ILO/IPEC project to prevent and eliminate the commercial sexual exploitation of children, a cooperation plan has been drawn up covering the border areas between Argentina, Brazil and Paraguay. It requests the Government to provide information on the implementation of the cooperation plan, and particularly the measures taken to protect children under 18 years of age against trafficking or to withdraw them from this worst form of child labour, such as increasing the numbers of police at land, maritime and air frontiers, establishing joint patrols in border areas and opening transit centres at borders with neighbouring countries.

2. MERCOSUR. In its previous comments, the Committee noted that, according to the Government, under the regional cooperation programme “Agreements and subregional plan of work” on the prevention and elimination of child labour in the member countries of MERCOSUR and Chile, it cooperates with ILO/IPEC, MERCOSUR, Chile and CONAETI. The Committee encouraged the Government to continue to cooperate with the member countries of MERCOSUR and requested it to provide detailed information on reinforced international cooperation and assistance. The Committee notes from the information sent by the Government that a regional plan for the prevention and elimination of child labour in MERCOSUR has been prepared. It also notes that, according to the Government, meetings with the States parties to MERCOSUR have been held on the issue of child labour and the elimination of its worst forms. The Committee requests the Government to provide information on the measures taken in the context of this regional plan, in terms of the elimination of the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. With reference to its previous comments, the Committee notes the study entitled “Childhood and adolescence: Work and other economic activities” conducted in 2004 by ILO/IPEC in conjunction with the Argentine National Institute of Statistics and Censuses and the Ministry of Labour, Employment and Social Security in three provinces in the north-west of the country (Jujuy, Salta and Tucumán), two in the north-east (Formosa and Chaco), the province of Mendoza and the metropolitan area of Buenos Aires, and published in 2006. The Committee notes that although the study mentions that 456,207 children aged from 5 to 17 years work in Argentina and that some of them have frequently to work long hours and undertake hazardous activities akin to worst forms of child labour, it gives no precise statistics on the number of children who are victims of worst forms of child labour in Argentina, and particularly of commercial sexual exploitation. It notes from the information sent by the Government that a study on the trafficking of children for sexual exploitation and child pornography is to be carried out. The Committee hopes that in its next report, the Government will be able to provide statistics and information on the nature, extent and trends of worst forms of child labour, the number of children protected by measures giving effect to the Convention, the number and nature of infringements, investigations, prosecutions, convictions and penalties. To the extent possible, the information should be disaggregated by sex.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee  notes the Government’s first and second reports. It requests the Government to provide information on the following points.

Article 1 of the Convention. Measures to secure the prohibition and elimination of the worst forms of child labour. The Committee notes with interest that on 3 September 2002 the Government renewed until 2007 its Memorandum of Understanding (MOU) with ILO/IPEC. It further notes that in 1992 the Government drew up a National Plan on the Prevention and Elimination of Child Labour. The Committee requests the Government to provide information on the implementation of the abovementioned National Plan, particularly in terms of prohibiting and eliminating the worst forms of child labour.

Article 3. Worst forms of child labour. Clause (a). 1. Sale and trafficking of children. (i) For the purpose of sexual exploitation. The Committee notes that section 127bis of the Penal Code establishes penalties for anyone who causes or facilitates the entry to or exit from the country of a person under 18 years of age for the purpose of prostitution.

(ii) For the purpose of economic exploitation. The Committee notes that the national legislation appears to have no provision prohibiting the sale and trafficking of children under 18 years of age for the purpose economic exploitation. It reminds the Government that Article 3(a) of the Convention covers this form of exploitation as well. It accordingly asks the Government to provide information on the measures taken or envisaged to secure the prohibition of the sale and trafficking of children under 18 years of age for economic exploitation. It requests the Government to make provision for suitable and effective penalties.

2. Slavery or similar practices, debt bondage, serfdom and forced or compulsory labour. The Committee notes that, under articles 15 and 17 of the Constitution, slavery and similar practices are forbidden. It further notes that, under section 140 of the Penal Code, anyone subjecting a person to bondage or similar practices is liable to punishment. Furthermore, sections 141 and 142 of the Penal Code establish penalties for anyone depriving a person of their freedom. Lastly, section 142bis of the Penal Code imposes harsher sanctions if the victim is under 18 years of age on anyone abducting, detaining or hiding another person with the aim of forcing the victim or a third party, to do, not to do or to tolerate something against their will.

3. Forced or compulsory recruitment of children for use in armed conflict.  The Committee notes that section 8(c) of Act No. 24 429 of 1995 on voluntary military service sets the age of enrolment to such service at 18 years.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that, under section 125bis of the Penal Code, anyone procuring or offering minors under 18 years of age for prostitution is liable to punishment. The Committee observes that section 125bis of the Penal Code does not cover the use of a child for the purpose of prostitution. It therefore requests the Government to indicate whether the national legislation contains provisions prohibiting the use of children under 18 years of age for prostitution, in accordance with Article 3(b) of the Convention.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that, according to section 128 of the Penal Code, anyone producing or publishing pornographic images of minors under 18 years of age is liable to punishment. Anyone organizing artistic performances that include pornographic scenes involving minors under 18 years of age is likewise liable to punishment. The Committee further notes that under section 129, second paragraph, of the Penal Code, anyone causing the performance of obscene displays involving minors under 18 years of age with a view to their being seen involuntarily by others is liable to punishment. The Committee notes that although section 128 of the Penal Code establishes penalties for organizing artistic performances that include pornographic scenes involving minors under 18 years of age, it does not cover the use, procuring or offering of a child under 18 years of age for the production of pornography. The Committee draws the Government’s attention to the requirement under Article 1 to take immediate and effective measures to secure the prohibition and elimination of this form of child labour as a matter of urgency. The Committee therefore requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of children under 18 years of age for the production of pornography, in accordance with Article 3(b) of the Convention. It also asks the Government to adopt provisions imposing appropriate penalties for this offence.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that under section 11 of Act No. 23.737 on the punishment of narcotics-related offences, the production and trafficking of narcotics carry heavier penalties where they involve the use or procuring of minors under 18 years of age.

Clause (d). Hazardous work. The Committee notes that pursuant to section 3 of Act No. 20.744 on work contracts, the Act applies in respect of the legal standing, rights and obligations of the parties to a work contract where the latter is executed in Argentina, whether it was concluded in Argentina or elsewhere. According to section 21 of the Act, there is a work contract when a natural person undertakes to perform work or provide a service for another and under the latter’s dependence, for a fixed or indefinite period and in return for payment. The Committee notes that the abovementioned provisions of Act No. 20.744 on work contracts do not apply to children under 18 years of age who have no contractual employment relationship but carry out hazardous work. The Committee requests the Government to indicate the manner in which the national legislation provides for such children to be protected, in accordance with Article 3(d) of the Convention, against being engaged in work which, by its nature or the circumstances in which it is carried out, is liable to harm their health, safety or morals.

Article 4, paragraphs 1 and 3. Determination and review of the list of the types of the work determined as hazardous. The Committee notes that under sections 176 and 191 of Act No. 20.744 on work contracts, minors under 18 years of age who work in the morning and the afternoon may not be employed in activities that are difficult, hazardous or unhealthy. The Committee further notes that in the agricultural sector, section 112 of Act No. 22.248 lays down the same prohibition. Furthermore, sections 10 and 11 of Act No. 11.317 of 1924 on the employment of young people and women, and sections 1 and 2 of Decree No. 28 of 1925 implementing Act No. 11.317, list the types of work that are hazardous or liable to impair the health of minors under 18 years of age.

The Committee notes the information sent by the Government that the Subcommittee for the Analysis and Study of Convention No. 182 is currently examining the legislation on hazardous work applied in the other countries in the region. The purpose of the examination is to determine the types of hazardous work that should be prohibited for persons under 18 years of age in Argentina. The Committee likewise notes that, according to the Government, the National Committee for the Elimination of Child Labour (CONAETI) will be inviting employers’ and workers’ organizations to consultations on this matter. The Committee reminds the Government that, under Article 4, paragraph 1, of the Convention, the types of work referred to in Article 3(d) must be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, including Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee draws the Government’s attention to abovementioned Paragraph 3, which provides that in determining the types of work referred to under Article 3(d) of the Convention and in identifying where they exist, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment or tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee trusts that in determining the types of hazardous work to be prohibited for minors under 18 years of age, the Government will take into consideration the types of work listed in Paragraph 3 of Recommendation No. 190. The Committee also requests the Government to provide information on the consultations held with organizations of employers and workers.

Paragraph 2. Identification of where hazardous work exists. The Committee notes that, according to the Government, the Ministry of Labour, Employment and Social Security signed an agreement in 2003 with ILO/IPEC for a study to be conducted on child labour. The study is to be completed on 31 December 2004 and will allow the types of work carried out by boys and girls to be defined and located in the Provinces of San Juan, San Luis, Mendoza, part of the Province of Buenos Aires and the City of Buenos Aires. The Committee requests the Government to provide the results of the study.

Article 5. Mechanisms to monitor implementation of the provisions giving effect to the provisions of the Convention. 1. Labour inspection. The Committee notes that sections 28 to 38 of Labour Act No. 25.877 of 18 March 2004 deal with labour inspection. Section 28 sets up a system of labour inspection and social security. Under the system, the application of labour and social security standards is supervised throughout the country. Under section 35, the Ministry of Labour and Social Security carries out action nationwide in coordination with the bodies responsible for the supervision of child labour. The Committee also notes that, under article 7 of Annex II of the Federal Labour Pact (Act No. 25.212 of 2000), in the course of their duties labour inspectors are free to visit workplaces day and night and without warning, and may request any information they deem necessary to the performance of their work and require measures to be taken regarding working methods and in the event of imminent risk to the health, hygiene or safety of workers. Referring to its observation of 2002 on the Labour Inspection Convention, 1947 (No. 81), the Committee notes with interest Annex IV of the Federal Labour Pact on the National Programme of Action on Child Labour (Act No. 25.212 of 2000). Noting that the National Programme of Action provides for the labour inspectorate to be strengthened, in particular through the implementation of training programmes, the establishment of interdisciplinary technical teams to support labour inspectors, the creation of social networks allowing an immediate social response by the inspection services to every specific instance of child labour, and the establishment of new machinery to detect child labour, the Committee requests the Government to provide information on the working of the labour inspection services, including extracts of reports or documents pertaining to infringements that are reported concerning children engaged in the worst forms of child labour. It also requests the Government to provide information on the consultations held with the employers’ and workers’ organizations, in accordance with the provisions of this Article.

2. Child labour supervision and inspection unit. The Committee notes that, according to the Government, the Ministry of Labour, Employment and Social Security has set up a Child Labour Supervision and Inspection Unit by resolution No. 125/033 of 6 March 2003. The Unit is composed of a technical team and an operations team. It is responsible for devising, coordinating and implementing development activities pertaining to the prevention and elimination of child labour. The Committee requests the Government to provide information on the working of the Unit and to indicate whether it has established suitable mechanisms to monitor application of the provisions of the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s statement that the Subcommittee for the Analysis and Study of Convention No. 182 is currently examining all the action programmes under way in the 23 provinces and the City of Buenos Aires that are related directly or indirectly to the elimination of activities in which boys and girls under 18 years of age may be engaged in the worst forms of child labour. The Committee requests the Government to provide information on the results of the various programmes of action and their impact on the elimination of the worst forms of child labour.

Article 7, paragraph 1. Measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention. The Committee notes that under section 140 of the Penal Code, anyone who subjects a person to servitude or similar practices is liable to solitary confinement or three to five years’ imprisonment. The Committee notes that section 141 and 142 of the Penal Code establish penalties of imprisonment or reclusion of from six months to three years for depriving someone of his/her freedom. Section 142bis of the Code establishes heavier penalties for abducting, holding or hiding a person for the purpose of forcing, or forcing a third party, to do or not to do or to tolerate something against their will. Thus, if the victim is a person under 18 years of age, the penalty of imprisonment or reclusion will be from ten to 25 years. The Committee further notes that under section 127bis of the Penal Code, anyone causing or facilitating the entry to or exit from the country of a person under 18 years of age for the purpose of prostitution is liable to reclusion or imprisonment of from four to ten years. Under section 125bis of the Code, anyone causing or facilitating the prostitution of minors under 18 years of age is liable to reclusion or imprisonment of from four to ten years. Under section 128 of the Code, anyone producing or publishing pornographic images of minors under 18 years of age is liable to a prison term of from six months to four years. This sanction applies to anyone organizing artistic performances that include pornographic displays involving minors under 18 years of age. The Committee also notes that under section 129(2) of the Penal Code, anyone causing the performance of obscene displays by minors under 18 years of age with a view to their being seen involuntarily by others is liable to imprisonment of from six months to four years. Under section 11 of Narcotics Act No. 23.737, the penalties for producing and trafficking narcotics are harsher where minors under 18 years of age are used or procured for these offences. Lastly, the Committee notes that sections 21 and 22 of Act No. 11.317 establish fines of from $50 to $1,000 for breach of the Act, and a penalty of imprisonment for recurrent breach. The Committee requests the Government to provide information on the application in practice of the abovementioned penalties.

Paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. In its concluding observations on the second periodic report of Argentina in October 2002 (CRC/C/15/Add.187, paragraphs 56 and 57), the Committee on the Rights of the Child, while noting the increase in school enrolment for both primary and secondary school, expresses concern at the limited access to education, and the high drop-out and repetition rates, especially at secondary school level, which affect in particular children from marginalized urban and rural areas, indigenous children and those belonging to migrant families, particularly when illegal. The Committee is of the view that education contributes to eliminating the worst forms of child labour. It requests the Government to indicate the effective and time-bound measures, including measures to increase enrolment into schools, taken to prevent the engagement of children from marginalized urban and rural areas, indigenous children and those belonging to migrant families in the worst forms of child labour.

Clause (b). Assistance for the removal of children from the worst forms of child labour. The Committee notes that the elimination of the commercial sexual exploitation of children is one of the Government’s priorities. It notes in this connection that ILO/IPEC has set up a programme on the prevention and elimination of the commercial sexual exploitation of children at the border between Argentina, Brazil and Paraguay. For Argentina, the programme is being implemented in Puerto Iguazú, a small town near to two large cities in Brazil and Paraguay - Foz do Iguaçu and Ciudad del Este. The project started up in early 2001 and is to be completed at the end of November 2004. According to the information available at the Office, the programme aims to withdraw 1,000 girls, boys and young persons from commercial sexual exploitation and to integrate them into school. Furthermore, some 400 families will benefit from economic alternatives.

The Committee further notes that the National Commission for the Elimination of Child Labour in Argentina has set up, in collaboration with ILO/IPEC, in Puerto Iguazú and the surrounding areas, a pilot project, "Luz de Infancia" for the prevention and elimination of the commercial sexual exploitation of children. The programme’s objective is to prevent and eliminate the commercial sexual exploitation of children by assessing and defining the problems of commercial sexual exploitation at local level; withdrawing children used in exploitation; taking account of the children’s needs; providing assistance to the families of exploited children; encouraging the social integration of the children withdrawn; alerting and informing the community of Puerto Iguazú and the surrounding areas; helping to strengthen local institutions; and harmonizing, disseminating and applying the existing legislation. The pilot project started in December 2002 and is to end in November 2004. The Committee notes from the information available at the Office that "Luz de Infancia" will directly assist some 40 children under 18 years of age who are victims of commercial sexual exploitation and will assist indirectly other children at risk and their families. The Committee requests the Government to provide information on the impact of the programme for the prevention and elimination of the commercial sexual exploitation of children at the border between Argentina, Brazil and Paraguay and the "Luz de Infancia" programme for the prevention and elimination of the commercial sexual exploitation of children. The Committee requests the Government to provide information on the economic alternatives and the on the measures taken for the rehabilitation and social integration of the children withdrawn from commercial sexual exploitation. It also requests the Government to provide statistical data on the number of children who are effectively withdrawn from such work.

Clause (d). Identifying and reaching out to children at special risk. The Government indicates that the provincial and federal judicial bodies, governmental organizations and non-governmental organizations have set up a database on girls and boys who are exposed to risks, so that they can intervene directly. The Committee requests the Government to provide more detailed information on this database and on the direct interventions particularly to eliminate the worst forms of child labour.

Clause (e). Special situation of girls. The Committee notes the information sent by the Government that activities have been organized with a view to addressing the special situation of girls. It requests the Government to send fuller information on these activities, particularly as regards the elimination of the worst forms of child labour.

Paragraph 3. National Commission for the Elimination of Child Labour (CONAETI). The Committee notes that Decree No. 719/00 of 25 August 2000 established CONAETI as the body responsible for the elimination of child labour. It requests the Government to indicate the methods used by CONAETI to monitor implementation of the Convention.

Article 8. International cooperation and/or assistance. 1. Country Assistance Strategy. According to information available at the Office, the Government has set up, in collaboration with the World Bank, a programme entitled Country Assistance Strategy. Its aim is to assist Argentina in its development so that it can restore sustained growth and reduce poverty. The Committee observes in this connection that poverty reduction programmes contribute to breaking the cycle of poverty, an essential step towards eliminating the worst forms of child labour. It requests the Government to provide information on the Country Assistance Strategy’s impact on the elimination of the worst forms of child labour.

2. Regional cooperation and MERCOSUR. The Committee notes that, according to the Government, under the regional cooperation programme "Agreements and Subregional Plan of Work" on the prevention and elimination of child labour in the member countries of MERCOSUR and Chile, it is collaborating with ILO/IPEC, MERCOSUR, Chile and CONAETI. The Committee also notes that this programme has three objectives: ensuring suitable legislation, drawing up social programmes and policies and improving the child labour inspection and supervision system. Furthermore, a handbook was published under the programme in March 2003 by ILO/IPEC South America concerning implementation of a child labour inspection and supervision system in the member countries of MERCOSUR and Chile. The handbook shows the regional efforts to combat the problems of child labour through labour inspection. The Committee encourages the Government to continue to cooperate with the member countries of MERCOSUR and Chile. It requests the Government to continue to supply detailed information on reinforced international cooperation and/or assistance.

Parts IV and V of the report form. Application of the Convention in practice.  The Committee notes that under the agreement between the Ministry of Labour, Employment and Social Security and ILO/IPEC on the production of a study on child labour, quantitative and qualitative information on child labour in Argentina will be gathered, analysed and disseminated. The Committee observes that no statistics of the number of children who are victims of child labour appear to be available for Argentina. It therefore hopes that in the context of the abovementioned study, the worst forms of child labour will be taken into account as well and that the Government will be in a position to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of infringements, investigations, prosecutions, convictions and penalties. To the extent possible, the information should be disaggregated by sex.