Solicitud directa (CEACR) - Adopción: 2006, Publicación: 96ª reunión CIT (2007)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Argentina (Ratificación : 2001)

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.