CMNT_TITLE

Worst Forms of Child Labour Convention, 1999 (No. 182) - Costa Rica (RATIFICATION: 2001)

The Committee notes the Government’s report and the attached documents. It notes in particular the detailed information concerning the various projects and programmes of action implemented in the context of the ILO/IPEC Time-bound Programme (TBP) on the worst forms of child labour with a view to eliminating the worst forms of child labour, with particular reference to commercial sexual exploitation and hazardous types of work.

Article 3 of the Convention. Worst forms of child labour. Clauses (a) and (b). Sale and trafficking of children for sexual exploitation and the use, procuring or offering of a child for prostitution. In its previous comments, the Committee noted the new provisions of the Penal Code prohibiting the sale and trafficking of children and the use, procuring or offering of children for prostitution. It noted that, according to the so-called rapid assessment study undertaken in 2001 on the commercial sexual exploitation of young persons, although Costa Rica was the first country in Latin America to adopt a law specifically penalizing those who exploit such persons, difficulties of application persisted in practice. It requested the Government to provide information on the effect given in practice to the new provisions.

The Committee takes due note of the many preventive measures adopted with a view to preventing children from becoming victims of the worst forms of child labour. It notes in particular the measures taken to raise the awareness of the population and of teachers and to increase the capacity of the employees of the National Directorate of Migration and Immigration with a view to preventing, detecting and drawing attention to situations of commercial sexual exploitation and trafficking. However, the Committee notes that the Government has not provided information on the effect given in practice to the provisions of the Penal Code. It therefore once again requests the Government to provide information on the effect given in practice to provisions prohibiting the commercial sexual exploitation of children, including statistics on the number and nature of the violations reported, investigations undertaken, prosecutions, convictions and the penal sanctions applied.

Article 4, paragraphs 1 and 3. Revision of the list of hazardous types of work. With reference to its previous comments, the Committee takes due note of the Bill prohibiting the performance of hazardous or unhealthy work by young workers; that it was formulated following tripartite consultation; and that it is currently being examined by the International Affairs Commission. The Committee hopes that the Bill will be adopted in the near future and requests the Government to provide information on the progress achieved and to provide a copy once it has been adopted.

Article 5. Monitoring mechanisms. The Committee notes that one of the objectives of the ILO/IPEC subregional project entitled “Prevention and elimination of the worst forms of child labour in Guatemala, Honduras, Nicaragua and Costa Rica” is to develop programmes to ensure that young persons under the legal minimum age cannot be engaged in hazardous types of work. This involves, among other actions, the establishment in a large number of activities and sectors of an appropriate monitoring system and, accordingly, the strengthening of the role of labour inspectors so that they can ensure the implementation of the legislation respecting child labour. The Committee further notes that the Government is formulating protocols on the procedures to be followed by labour inspectors to detect child and young workers and the attention to be paid to them. The Committee requests the Government to provide information on the measures adopted to implement the new monitoring system and to strengthen the role of labour inspectors, and on the results achieved.

Article 6. Programmes of action. 1. National Plan of Action. With reference to its previous comments, the Committee notes with interest the second National Plan of Action for the prevention and elimination of child labour and the special protection of young workers (2005–10), which addresses eight subjects in a transversal manner, including rights, gender issues, poverty, the risk or fact of social exclusion and the social and cultural environment. The Committee requests the Government to provide information on the programmes of action implemented in the context of the second National Plan of Action referred to above and the results obtained through its implementation in terms of the elimination of the worst forms of child labour.

2. Plan of Action against the illicit trafficking of persons. In its comments, the Government indicates that one of the functions of the National Coalition to Combat the Illicit Trafficking of Migrants and of Persons, established by Executive Decree No. 32824 of 16 December 2005, is to formulate and implement a National Plan of Action to combat the illicit trafficking of persons. The Committee takes due note of this information, particularly since, in its concluding observations of February 2007 on the first periodic report of the Government concerning 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/CRI/CO/1, paragraphs 6 and 7), the Committee on the Rights of the Child expressed concern at the lack of a specific public policy to eradicate the sale of children, child prostitution and child pornography. The Committee hopes that, in the context of the formulation of the National Plan of Action to combat the illicit trafficking of persons, the Government will adopt specific measures for the elimination of the sale of children, child prostitution and child pornography. It requests the Government to provide information on this subject.

Article 7, paragraph 2. Effective and time-bound measures. In its previous comments, the Committee noted that Costa Rica is participating in the ILO/IPEC TBP on the worst forms of child labour. That TBP targeted two of the worst forms of child labour, namely, the commercial sexual exploitation of children and hazardous work, that the Government had to take priority measures to eliminate. The Government was to focus its activities in the Brunca region. In this respect, the Committee takes due note of the information provided by the Government on the results achieved through the implementation of the various programmes of action on hazardous work in agriculture and child domestic work. It further notes the Government’s intention to extend the TBP to other regions of the country, particularly the North, as it is an agricultural area with a major population of migrants. The Committee strongly encourages the Government to pursue its efforts to combat the commercial sexual exploitation and hazardous work by children and requests it to provide information on the regions of the country to which the TBP is extended.

Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and assistance for the removal of children from these worst forms of child labour. TBP and ILO/IPEC subregional project. In view of the information referred to above concerning the extension of the TBP to other regions of the country, the Committee requests the Government to continue providing information on the measures taken in the context of the TBP and other ILO–IPEC projects with a view to: (a) preventing children from being the victims of hazardous work or sexual exploitation; and (b) providing the necessary and appropriate direct assistance for the removal of child victims of these worst forms of child labour. It also requests the Government to provide information on the results achieved. The Committee further requests the Government to provide information on economic alternatives and on the measures taken to ensure the rehabilitation and social integration of children.

Article 8. International cooperation and assistance. Commercial sexual exploitation. The Committee notes that the ILO/IPEC subregional project on the prevention and elimination of the commercial sexual exploitation of children provides for the strengthening of horizontal collaboration between the countries participating in the project. The Committee is of the view that international cooperation between law enforcement agencies, particularly the judicial authorities and police forces, is indispensable to prevent and combat commercial sexual exploitation, and particularly the sale and trafficking of children for this purpose, through the collection and exchange of information and through assistance to detect and prosecute the individuals involved and to repatriate victims. The Committee therefore hopes that, in the context of the implementation of the ILO/IPEC subregional project on the prevention and elimination of the commercial sexual exploitation of children, the Government will take measures to cooperate with the participating countries and accordingly reinforce security measures so as to bring an end to this worst form of child labour. It requests the Government to provide information on this subject.

Parts IV and V of the report form. Application of the Convention in practice. With reference to its previous comments, the Committee requests the Government to continue providing statistics and information on the nature, extent and trends of the worst forms of child labour and on the number of children protected by the measures giving effect to the Convention. In so far as possible, the information provided should be disaggregated by sex.