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

Worst Forms of Child Labour Convention, 1999 (No. 182) - Cuba (Ratification: 2015)

Articles 3(a) and 7(1) of the Convention. Worst forms of child labour. Penalties. 1. Sale and trafficking of children. The Committee previously noted that section 316 of the Penal Code establishes penalties of imprisonment for the sale and transfer of persons under 16 years of age, including under any of the forms of international trafficking related to acts of corruption, pornography, prostitution and forced labour. In this regard, the Committee recalled that the Convention protects all persons under 18 years of age from the sale and trafficking of persons for sexual or labour exploitation and requested the Government to adopt the necessary measures to ensure that children between the ages of 16 and 18 years also benefit from this protection.

The Committee takes due note of the full information provided by the Government in its report on the prevention of the trafficking of children and young persons, and particularly that: (i) the Ministry of Education has taken action to increase knowledge by managers and teachers of the crime of trafficking in persons, with a view to achieving greater precision in the identification and care provided to children and young persons; (ii) the Office of the Public Prosecutor has issued internal rules and procedures to improve the action taken to address the crime of trafficking in persons and protect victims under 18 years of age; and (iii) the Ministry of Public Health has undertaken information campaigns on indicators of possible victims of trafficking in persons. The Committee also notes the Government’s indication that 25 victims of trafficking in persons for sexual and labour exploitation were identified in 2019, of whom nine were children.

With reference to the establishment of criminal penalties, the Committee notes that, although section 302(3) of the Penal Code provides for sentences of imprisonment for the crime of organizing or inciting the entry or exit from the country of persons (of any age) for the purpose of them engaging in prostitution, the Government has not provided information on the legislative provisions which penalize trafficking in persons between the ages of 16 and 18 years for labour exploitation or the internal trafficking of such persons for sexual exploitation. In this regard, the Committee notes that the United Nations Special Rapporteur on trafficking in persons, especially women and children, in her 2018 report on her mission to Cuba, indicated that children are subject to internal trafficking for sexual exploitation, including children as young as 10 who are forced by family members or close relatives to have sexual relations with Cuban and foreign nationals in exchange for money to maintain the family. She added that young victims are taken out of Cuba for labour exploitation through false offers of employment as waiters, dancers or manicurists and expressed concern at the fact that the trafficking of children is not comprehensively addressed in the legal framework (A/HRC/38/45/Add.1, paragraphs 12, 15 and 32). The Committee therefore once again requests the Government to take all the necessary measures to bring the legislation into conformity with Article 3(a) of the Convention so as to protect all children under 18 years of age from the sale and trafficking of persons (both internal and international) for sexual or labour exploitation. While awaiting the adoption of such measures, the Committee requests the Government to provide updated statistical data on the number of investigations, prosecutions and penalties imposed for the crime of the trafficking of children and young persons under sections 302(3) and 316 of the Penal Code.

2. Forced labour. In its previous comments, the Committee requested the Government to indicate whether there are legal provisions specifically prohibiting the forced or compulsory labour of children under 18 years of age. In this regard, the Government indicates that the 2019 Constitution prohibits work by children and young persons (article 66), but does not refer to legislative provisions that establish criminal penalties for the exaction of forced labour from persons under 18 years of age.

Clause (b).Use, procuring or offering of children for prostitution or for pornography. In its previous comments, the Committee noted that section 310 of the Penal Code establishes prison sentences for the use of persons under 16 years of age for prostitution or pornography, and requested the Government to take the necessary measures to extend this protection to all young persons under 18 years of age, in accordance with the Convention. The Committee notes the absence of information on this subject and recalls that, under the terms of Article 3(b) of the Convention, the use, procuring or offering of a child for prostitution is one of the worst forms of child labour and that, under Article 1, this worst form of child labour shall be prohibited as a matter of urgency. The Committee once again requests the Government to take the necessary measures to prohibit and punish the use, procuring or offering of children under 18 years of age for prostitution, the production of pornography or pornographic performances.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee requested the Government to indicate whether legislative provisions existed which prohibit the use, procuring or offering of children under 18 years of age for illicit activities, in particular for the production and trafficking of drugs. In this regard, the Committee notes the Government’s indication that section 190(3) of the Penal Code establishes penalties of imprisonment of from 15 to 30 years for any person who uses children under 16 years of age for the trafficking of drugs, narcotics, psychotropic substances or other similar purposes. The Committee requests the Government to take all the necessary measures to also prohibit the use of persons between 16 and 18 years of age for illicit activities, in particular the production and trafficking of drugs.

Article 5. Monitoring mechanisms. In response to the request for information on the activities of the labour inspection services for the detection of situations involving the worst forms of child labour, the Committee notes the Government’s indication that labour inspectors have received training for the detection of potential cases and the prevention of the worst forms of child labour. It notes that, during the period between June 2018 and June 2021, some 69 establishments were inspected in which 147 young persons who work and are between the ages of 15 and 18 years, and young persons under 18 years of age performing hazardous types of work were detected in ten cases. In each case, measures were ordered for the elimination of the violations identified and the imposition of penalties on the offenders was sought. The Committee requests the Government to continue providing information on the results of labour inspections in relation to the worst forms of child labour, including extracts from reports indicating the nature and extent of the violations detected.

Article 7(2). Effective and time-bound measures. Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee notes the Government’s indication that the Department for the Protection of the Family and Jurisdictional Matters of the Office of the Public Prosecutor provides assistance to children and young persons who are victims of any type of crime, in coordination with their families. It notes the existence of Child and Young Person Protection Centres (CPNNA) in La Habana, Santa Clara and Santiago de Cuba for the provision of therapeutic care for such victims, and in places where such Centres do not exist, alternatives are adopted to undertake monitoring with Child Assessment, Analysis and Guidance Centres. During the period 2018–19, the CPNNA and alternative centres in the other provinces provided protection to 2,350 child victims of acts of sexual abuse. The Committee observes that, in her 2018 report, the United Nations Special Rapporteur on trafficking in persons, especially women and children, reported that children between the ages of 16 and 18 years who engage in prostitution are detained in “rehabilitation centres”, where they are subject to restriction of movement and can be sentenced by the courts (A/HRC/38/45/Add.1, paragraph 51). The Committee requests the Government to continue providing information on the measures adopted to ensure that victims of the worst forms of child labour receive direct and appropriate assistance and are removed, rehabilitated and reintegrated, and the results achieved. In this regard, it once again requests the Government to provide information on the measures adopted to ensure that all children under 18 years of age who are victims of commercial sexual exploitation are provided with such assistance and are not treated as offenders.

Article 8. International cooperation. The Committee notes the Government’s indication that the Ministry of the Interior has concluded agreements to promote cooperation with its foreign counterparts for the protection of children and young persons against sale, prostitution, use in pornography and trafficking in persons. The Committee requests the Government to provide information on the measures implemented under the terms of these agreements and their results.