Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

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

Articles 3 and 7, paragraph 1, of the Convention. Worst forms of child labour and sanctions. Paragraphs (a), (b) and (c). Sale and trafficking of children, use, procuring or offering of a child for the production of pornographic performances and use, procuring or offering of a child for illicit activities. Referring to its previous comments, the Committee notes that the Government does not provide the information requested concerning any developments in the process of adopting the draft law on migration which penalizes trafficking in persons, particularly children and young persons (paragraph (a)). It also notes that, in reply to the question of whether the provisions of sections 1–3 of Act No. 17.815 of 2004, which provide for sanctions for the use or facilitation of children and young persons for the manufacture, production, marketing or distribution of pornography, are also applicable to the use, procuring or offering of children and young persons for pornographic performances (paragraph (b)), the Government indicates that work which, by its nature or the circumstances in which it is carried out, entails a threat to integrity, is covered by the notion of hazardous work. It also notes that, in reply to its repeated request for information on the measures taken to prohibit and penalize the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs (paragraph (c)), the Government also points out that work which, by its nature or the circumstances in which it is carried out, entails a threat to integrity, is covered by the notion of hazardous work. The Committee recalls in this regard that, under Article 1 of the Convention, immediate and effective measures shall be taken as a matter of urgency to secure the prohibition and elimination of the worst forms of child labour. Drawing the Government’s attention to Article 7(1) under which every Member which has ratified the Convention shall take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including the provision and application of penal sanctions, the Committee urges the Government to take the necessary measures so that the legislation is rapidly supplemented by provisions ensuring the prohibition and elimination of these worst forms of labour, in accordance with these provisions of the Convention as a matter of urgency. It also requests the Government to adopt effective and sufficiently dissuasive penalties.

Article 4, paragraph 1. Determination of hazardous types of work. Referring to its previous comments concerning Resolution No. 1012/006SP/sp, adopted by the National Institute for Children and Young Persons (INAU) and containing a list of types of work which are to be regarded as hazardous, drawn up by the National Committee for the Elimination of Child Labour (CETI) following prior consultations with the social partners, the Committee notes that the list of hazardous types of work is currently being revised, that the CETI is holding consultations, particularly concerning the regulation of the Safety and Health in Agriculture Convention, 2001 (No. 184), in order to reach an agreement concerning rural work, and that it is hoped that the revised and updated list will be adopted by government decree once finalized. The Committee expresses the firm hope that this decree will be adopted soon and requests the Government to provide information on any developments in this regard, as well as a copy of any related text once adopted.

Article 5. Monitoring mechanisms. Labour inspection. The Committee previously requested the Government to provide information on the operation of the Ministry of Labour and Social Security’s Special Inspection Unit on Child Labour, particularly on the role of labour inspectors in the strategy to combat child labour and its worst forms. It also requested it to provide statistics on the results of inspection activities in this area.

The Committee notes that the authorities responsible for supervising the application of the Convention are the Ministry of Labour and Social Security’s General Labour and Social Security Inspectorate and the INAU through its National Inspection Department for the Employment of Children and Young Persons. The Government points out that the general labour inspectorate and the INAU locate the workplaces and conditions of work in which children or young persons may be employed and that the INAU is competent to analyse work permits on a case-by-case basis and that, under no circumstances, may it allow the employment of a child or young person under 18 years of age in hazardous work. The Committee also notes the information provided by the Government under the Minimum Age Convention, 1973 (No. 138), that the INAU is facing a shortage of human resources and has only five inspectors covering the entire country and a single office worker responsible for computerizing the information. The Government points out, however, that steps have been taken to recruit new inspectors and that it is expected that ten vacant posts will be covered. Noting that the Government has not provided the statistics requested, the Committee requests it to refer to its direct request relating to Article 9(3) of the Minimum Age Convention, 1973 (No. 138), concerning employment registers, in which it notes the indication that a computer program has been installed this year which allows all information relating to young workers and enterprises to be recorded. The Committee hopes that the Government will soon be able to provide statistics on the inspection activities carried out by the General Labour and Social Security Inspectorate and by the INAU with a view to combating child labour and its worst forms, as a result of the installation of the above computer program.

Article 6. Programmes of action. 1. Commercial sexual exploitation. The Committee previously requested the Government to provide information on the measures taken in the context of the implementation of the National Plan of Action on sexual exploitation to: (a) prevent children from becoming victims of sexual exploitation; and (b) provide the necessary and appropriate direct assistance for the removal of children from this worst form of child labour and ensure their rehabilitation and social integration. It also requested it to provide information on the results obtained and to supply a copy of the plan.

The Committee notes with interest the 2007 National Plan for the Eradication of the Commercial Sexual Exploitation of Children and Young Persons which aims to tackle four types of sexual exploitation: (i) the prostitution of children and young persons; (ii) trafficking for the purpose of commercial sexual exploitation; (iii) child pornography; and (iv) sexual tourism, through a series of activities covering the period 2007–10. It also notes the schedule drawn up for the implementation of the various activities. The Committee notes that the Plan is based around five subprogrammes or parts, namely: prevention; protection; attention; the reinstatement of the rights of children and young persons who are victims; and an evaluation phase. The main component of the prevention subprogramme consists in changing the belief system underpinning commercial sexual exploitation of children and young persons. To that end, the Plan includes dissemination activities, the organization of conferences on the issue and the implementation of awareness-raising campaigns. The protection subprogramme is designed to promote the adaptation of the legislation on the protection of children and young persons against all forms of commercial sexual exploitation in relation to international commitments and the dissemination of that legislation. It also includes the prosecution of the commercial exploitation of children and young persons and provides for the creation of a specialized centre of the Ministry of the Interior (CEMI), the development of cooperation with other countries involved in combating the commercial sexual exploitation of children and young persons, and the implementation of activities to increase supervision of migration flows across borders. The attention subprogramme is to be implemented with the coordinated cooperation of the various institutions involved in the issue and aims, in particular, to create a confidential information system which facilitates the inter‑institutional and interdisciplinary care of victims, establish a code of ethics for the media so that the issue of childhood and adolescence is handled from the point of view of rights, and strengthen the institutional system to ensure appropriate responses to situations of commercial sexual exploitation of children and young persons. The reinstatement subprogramme aims to ensure the full rehabilitation of children who have been sexually exploited and their families and the development of strategies for dealing with those responsible for sexual exploitation. To that end, this subprogramme promotes the creation of specialized services designed to support and provide physical, psychological and social care for victims and adults affected and ensure that children and young persons who have been the victim of trafficking are returned to their country of origin. It also promotes specific psychological and social care for the perpetrators within the prison environment. The supervision and evaluation subprogramme aims to guide the implementation of the Plan and ensure the necessary adjustments are made. To that end, an evaluation form is to be created with the participation of representatives of the services involved, the information originating from the various services involved in the different subprogramme is to be computerized and appropriate support is to be provided for the evaluation of the different parts of the Plan and for any reformulation which may be relevant.

The Committee also notes that, in the context of the Plan, eight offences were reported in 2007, four of which resulted in the prosecution of adult offenders (three for prostitution of children and one for child pornography). The other three cases involve commercial sexual exploitation and abuse within the family at the same time and are pending before the courts. Furthermore, 52 telephone calls requesting intervention in situations relating to abuse and sexual exploitation were made in 2008 to the INAU’s telephone helpline and report line. These situations have been dealt with through a comprehensive approach based on reinstatement and rehabilitation.

The Committee takes due note of this information. It requests the Government to provide information, including statistics, on developments relating to the implementation of the various subprogrammes under the Plan and the results achieved with regard to the elimination of the commercial sexual exploitation of children under 18 years of age.

2. Hazardous work. In its previous comments, the Committee requested the Government to provide information on the action programmes implemented under the National Plan of Action on the Employment of Children in the Worst Forms of Hazardous Work and to provide a copy of that Plan. The Government indicates that the CETI is drawing up the Plan of Action in consultation with the social partners. In 2008, the CETI proposed the creation of a committee to deal with the issue of children working in rubbish. Recommendations were made for any institution or body involved in this area to implement measures designed to prevent and eliminate the involvement of children in hazardous work. The Ministry of Social Development (MIDES), the INAU and the municipal authorities are carrying out work in rubbish tips, including enclosing and adding sign posts to spaces and putting up notices prohibiting the entry of persons under 18 years of age. The Committee once again requests the Government to provide a copy of the this Plan and to provide information on any progress made in implementing the Plan or any difficulties encountered. It would also be grateful if the Government would provide a copy of the recommendations made by the committee set up to deal with the issue of children working in rubbish.

Article 7, paragraph 2. Clause (c). Access to free basic education or vocational training for all children removed from the worst forms of child labour. The Committee previously urged the Government to continue its efforts to ensure access to education for all children and young persons in Uruguay who have been removed from the worst forms of child labour. It notes the information that 14 children are currently benefiting under the Del Cardal programme, the aim of which is to establish objectives with children who are working on the streets and their families to enable them to find a way out of their situation, while facilitating their reintegration into the education system and providing them with health care.

Clause (d). Children at special risk. Street children. The Committee previously encouraged the Government to renew its efforts to protect street children from the worst forms of child labour. It requested the Government to indicate whether measures have been taken under the programme of assistance for the homeless to ensure the rehabilitation and social reintegration of children admitted to centres. The Committee also requested the Government to indicate how many children have actually been catered for in assistance centres.

The Committee notes that the Government indicates that it is unable to provide information on the number of children who have been catered for in these centres and does not reply to the question of whether measures have been taken to ensure the rehabilitation and social reintegration of the children concerned. On the other hand, it indicates that the Ministry of Labour and the Institute of Statistics are working with the ILO to obtain specific statistics on child labour. Furthermore, it indicates that work is under way to raise awareness among employers and to firmly remind them that they must not employ children, particularly girls under 15 years of age and children under 18 years of age in tasks or hours of work which are likely to prevent the continuation of their studies. The Committee hopes that the Government will soon be able to provide the statistics requested as a result of the SIMPOC programme. It once again requests the Government to provide information on any measures taken under the programme of assistance for the homeless to ensure the rehabilitation and social reintegration of the children catered for.

Article 8. International cooperation and assistance. MERCOSUR. The Committee previously requested the Government to provide information on the measures taken under the regional plan for the prevention and elimination of child labour in MERCOSUR in terms of the elimination of the worst forms of child labour.

The Government points out that work on this issue is continuing and that it will provide relevant information in the future. The Committee hopes that the Government will provide the information requested and, if applicable, a copy of any useful document.

Parts IV and V of the report form. Application of the Convention in practice. The Committee previously requested the Government to provide, once the study on the worst forms of child labour has been completed, statistics and information on the nature, scope 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 violations reported, the investigations conducted, legal proceedings, convictions and penal sanctions applied. The Committee notes the information that the National Institute of Statistics, with support from the ILO’s SIMPOC programme, was due to start gathering information for a four-month period starting from August 2009. It notes that the Government is currently working with the ILO on horizontal cooperation plans and statistics. It requests the Government to provide the information requested including statistics, as soon as they are available, on the nature, scope and trends of the worst forms of child labour, the children protected by the measures giving effect to the Convention, the number and nature of violations reported, the investigations conducted, legal proceedings, convictions and the penal sanctions imposed in accordance with the Convention.