Observation (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Brésil (Ratification: 2000)

The Committee notes the Government’s first and second reports. Referring to its comments under the Forced Labour Convention, 1930 (No. 29), in so far as Article 3(b) of the Worst Forms of Child Labour Convention, 1999 (No. 182), provides that the worst forms of child labour include "the use, procuring or offering of a child for prostitution", the Committee is of the view that the issue of child prostitution can be examined more specifically under this Convention. It requests the Government to supply further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution. In its previous observation under Convention No. 29, the Committee requested the Government to provide information on the comments made by the International Confederation of Free Trade Unions (ICFTU) in October 1999 concerning the debt bondage of young persons forced to engage in prostitution in the state of Rondonia. The Committee once again requests the Government to provide information on the allegations made by the ICFTU.

The Committee notes that under the terms of section 228 of the Penal Code, it is an offence, punishable by a penalty of imprisonment of two to five years, to induce, facilitate or promote the prostitution of any person. It also notes that section 228(1) carries a penalty of imprisonment of three to eight years, if the victim is above the age of 14 and under 18. Section 228(2) of the Penal Code lays down that if the offence is perpetrated with the use of violence or threats, the perpetrator is liable to a penalty of imprisonment of four to ten years. Moreover, by virtue of section 228(3), a fine will also apply if the crime is committed for commercial purposes. The Committee notes that section 244-A of the Child and Adolescent Act No. 8.069 of 13 July 1990, introduced by Act No. 9.975 of 23 June 2000, prohibits child prostitution. According to this provision, any person who subjects a child or adolescent to prostitution or to sexual exploitation is liable to a penalty of imprisonment of four to ten years and a fine. Moreover, by virtue of section 244-A(2), the owner, manager or person responsible for the premises where the child or adolescent has been subjected to prostitution or to sexual exploitation is liable to the same penalty. In the event of conviction, the establishment’s licence must be revoked immediately.

The Committee notes that according to the report entitled "Good practices in action against child labour: Ten years of IPEC in Brazil", published by ILO/IPEC Brazil in 2003, the sexual exploitation of children and adolescents is an increasing phenomenon. It is estimated that around 500,000 children between 9 and 17 years of age are sexually exploited in Brazil. The Committee recalls that by virtue of Article 3(b) of the Convention, the use, procuring or offering of children under the age of 18 years for prostitution is considered to be one of the worst forms of child labour, and that under the terms of Article 1 of the Convention, each Member which ratifies the Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee expresses its serious concern about the actual number of children in Brazil who are sexually exploited for commercial purposes. It strongly encourages the Government to increase its efforts to improve the situation and to take the necessary measures to secure the prohibition and elimination of the use, procuring or offering of a child less than 18 years of age for sexual exploitation. Moreover, it asks the Government to provide information on the practical application of the penalties.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s indication that it is currently studying the establishment of a permanent national commission for the elimination of child labour, which would be responsible for continuously overseeing the application of ILO Conventions on child labour. The Committee requests the Government to provide information on its efforts to establish the permanent national commission for the elimination of child labour and on the concrete measures taken by this or other bodies to prohibit the use, procuring or offering of children under 18 years of age for prostitution, and the results achieved.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. The Committee notes that in June 2000, the National Council on the Rights of Children (CONANDA) approved the National Plan to Combat Sexual Violence against Children and Adolescents. It also notes that in its report to the Committee on the Rights of the Child in September 2004 (CRC/C/3/Add.65, para. 658), the Government states that as part of these actions, the Sentinel Programme was established to provide children, adolescents and their relatives involved in situations of sexual violence with expert social services. Today it covers 315 Brazilian municipalities. These municipalities include the state capitals, metropolitan regions, tourist centres, port cities, trade centres, highway junctions, mining areas and border regions. Every month in 2002, the Programme took care of over 34,000 people, including children, adolescents and their relatives, thus doubling its initial forecast. In addition to this measure, from 1998 to 2002, several public campaigns were carried out to combat sexual violence against children and adolescents. Noteworthy initiatives in this context include the campaigns carried out together with the Brazilian Tourism Institute (EMBRATUR) against sexual tourism and the creation of a telephone hotline for the nationwide registration of denunciations. Both of these actions were also supported by the Brazilian Children’s and Adolescents’ Support Association (ABRAPIA). In this regard, the Committee notes the Government’s information that EMBRATUR, under the auspices of the Ministry of Sport and Tourism, coordinates, implements and enforces the National Tourism Policy. Moreover, in partnership with ABRAPIA and with the Ministry of Justice, EMBRATUR launched in 1997 a campaign to combat sex tourism involving children by establishing a free telephone hotline solely to receive complaints about sex tourism. During the course of 2002, this campaign was bolstered by the launching of a film to raise awareness of the measures to combat sex tourism. It was publicized by the federal police, embassies and consulates, together with international organizations and NGOs, and the film was shown on television throughout the country. The Committee requests the Government to provide a copy of the National Plan to Combat Sexual Violence against Children and Adolescents and to provide information on the results achieved through its implementation. It also requests the Government to continue providing information on the functioning of the Sentinel Programme.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation. The Committee notes with interest that since September 2003, the Government has been implementing the ILO/IPEC Time-Bound Programme (TBP) on the worst forms of child labour. It notes that the activities and strategies foreseen by the TBP are supposed to represent a pilot of the National Plan of Action for the Elimination of Child Labour in five selected states (Maranhão, Paraíba, Rio de Janeiro, São Paulo and Rio Grande do Sul). One of the forms of child labour targeted by the TBP is the commercial sexual exploitation of children in both rural and urban areas. The TBP will provide assistance to develop key programmes and activities to create the necessary conditions to make possible the elimination of child labour in Brazil, particularly its worst forms. The Committee also notes that in 2001, ILO/IPEC launched a project entitled "Programme to prevent and eliminate the commercial sexual exploitation of children and adolescents in Argentina, Brazil and Paraguay". For Brazil, the Programme has implemented actions in Foz do Iguaçu city. The project will be finished at the end of November 2004. According to the information available at the Office, one of the objectives of the project is to reduce the involvement of 1,000 girls, boys and adolescents in commercial sexual exploitation and integrate them into school. This is achieved notably through the granting of a subsidy to families which had children involved in commercial sexual exploitation, seeking by means of a grant to supplement family income sources to allow the child to stop work and return to school full time. The Committee requests the Government to provide information on the achievements of the TBP and the Programme to prevent and eliminate the commercial sexual exploitation of children and adolescents in Argentina, Brazil and Paraguay, and their impact with regard to removing children under 18 years of age from commercial sexual exploitation and providing for their rehabilitation and social integration.

Parts III and V of the report form. Practical application of the Convention. The Committee notes that, in relation to the sexual exploitation of children and adolescents on 24 June 2004, the Public Prosecution Service of the State of Minas Gerais brought criminal charges against 37 people for the sexual exploitation of over 30 children and adolescents in the city of São Francisco-MG, of whom 23 victims were under the age of 14. The Public Prosecution Service also requested that some of those involved be remanded in custody. On 5 July 2004, nine persons who were accused were remanded in custody. Moreover, the Committee notes that the federal police have released the final results of the Tamar Operation, which was carried out on 18 June 2004, in cooperation with the Joint Parliamentary Commission of Inquiry on Violence and Sexual Exploitation against Children and Adolescents. Nine people were arrested in flagrante delicto, ten investigations were started and over 300 establishments were inspected.

The Committee nevertheless notes that the Government does not give an overview of the extent of the worst forms of child labour in the country. Consequently, the Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in Brazil and any practical difficulties encountered in the application of the Convention, and also to supply copies or extracts from official documents including inspection reports, studies and inquiries and, where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements, investigations, prosecutions, convictions and penal sanctions. As far as possible, such information and statistical data should include data disaggregated by sex, age group, occupation, branch of economic activity, status in employment, school attendance and geographical location.

The Committee is also addressing a request directly to the Government concerning other detailed points.