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

The Committee notes the comments of the Confederation of Workers Rerum Novarum (CTRN), dated 22 August 2010, as well as the Government’s report.

Article 3(a) and (b) of the Convention and Part III of the report form. Sale and trafficking of children for commercial sexual exploitation, the use, procuring or offering of a child for prostitution and court decisions. The Committee previously noted that the Committee on the Rights of the Child (CRC), in its concluding observations on the Government’s initial report of May 2007 under the Optional Protocol to the Convention on Rights of the Child on the sale of children, child prostitution, and child pornography (CRC/C/OPSC/CRI/CO/1, paragraphs 20 and 22), expressed concern at the fact that the trafficking of children for sexual exploitation and the smuggling of migrants, including children, continue to be a serious problem in the country. The CRC also expressed concern at the fact that the practice of purchasing sexual services from children is still socially acceptable and that Costa Rica is becoming an increasingly popular destination for sex tourism. The Committee noted that, even though the legislation conforms to the Convention on this point, the scale of the commercial sexual exploitation of children, including the sale and trafficking of children to that end and prostitution appears to be substantial.

The Committee duly notes the statistics provided by the President of the Supreme Court of Justice in the Government’s report for the years 2008, 2009 and 2010. It notes that seven persons were convicted of human trafficking in 2009. Furthermore, the Committee notes the information provided by the National Foundation for Children (PANI) that there were 2,821 complaints of sexual offences in 2009, which led to the conviction of eight persons for the commercial sexual exploitation of children under 18 years of age. Furthermore, between January and August 2010, 1,675 complaints were registered for sexual offences and five convictions were handed down. The Committee encourages the Government to continue taking effective measures to ensure that thorough investigations and robust prosecutions for persons who engage in the sale and trafficking of children for commercial sexual exploitation and in the use, procuring or offering of children for prostitution are carried out. In this regard, it requests the Government to continue providing statistics on the number of investigations, prosecutions and convictions, including the duration of the sentences imposed. To the extent possible, all information provided should be disaggregated by sex and age.

Article 5. Monitoring mechanisms. Labour inspections. In its previous comments, the Committee noted that, under the terms of Directive No. 1 of the Ministry of Labour and Social Security of 13 March 2001, it is envisaged that in each regional inspection bureau, an inspector will be made responsible for the problem of child labour, in collaboration with the committees on childhood and adolescence, the responsible committees for each community and other structures for the elimination of child labour and the protection of the working conditions of young persons within the framework of the policies pursued by the Government.

The Committee notes the allegations made by the CTRN that the budgetary and human resources of the National Directorate of Labour Inspection are insufficient and do not allow it to operate properly. According to the CTRN, in nine of the 31 regional inspection offices, a single labour inspector is in charge of the office. It therefore seems unlikely that in each regional office an inspector can be responsible for the specific problem of child labour. The Committee requests the Government to take measures to strengthen the capacities of the labour inspectorate and requests it to provide information on the measures taken in that regard.

Article 6. Programmes of action. The Committee previously noted that one of the components of the National Plan of Action for the prevention and elimination of child labour is to eliminate the engagement of children in hazardous work and the worst forms of child labour.

The Committee notes that the Government’s report contains no information on the measures taken in that regard in the context of the National Plan. The Committee therefore once again requests the Government to provide information on the measures taken and the results achieved in the context of the National Plan of Action for the prevention and elimination of child labour and the special protection of young workers, to eliminate the engagement of children in hazardous work and the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and assistance to remove them from the worst forms of child labour. 1. Trafficking of children and commercial sexual exploitation of children. In its previous comments, the Committee noted that Costa Rica is participating in the ILO–IPEC subregional project entitled “Contribution to the prevention and elimination of the commercial sexual exploitation of children in Central America, Panama, and the Dominican Republic” (ILO–IPEC project on the prevention and elimination of the commercial sexual exploitation of children). It also duly noted the adoption of a National Plan for the elimination of the commercial sexual exploitation of boys, girls and adolescents (2008–10).

The Committee notes that the ILO–IPEC project on the prevention and elimination of the commercial sexual exploitation of children ended in April 2009. It notes according to the information contained in the final report of July 2009 on the entire period of the project (2005–09) that 209 children were prevented from working and 118 (93 girls and 25 boys) were removed from trafficking or commercial sexual exploitation and obtained access to educational services or training. The Committee also notes the information from the PANI provided in the Government’s report indicating that 152 children under 18 years of age who had been victims of commercial sexual exploitation were taken into care in 2008 and 61 between January and August 2010. With regard to the rehabilitation and social integration measures taken in the context of the National Plan for the elimination of the commercial sexual exploitation of boys, girls and adolescents, the Government’s report indicates that vocational training is planned in three provinces to enable young persons to acquire skills in the field of production management. Noting the completion of the ILO–IPEC project in 2009, the Committee strongly encourages the Government to continue its efforts to remove child victims of trafficking and commercial sexual exploitation. Furthermore, it requests the Government to take effective and time-bound measures to ensure the rehabilitation and social integration of these children and to provide information on the nature of these measures and the number of children they have benefited.

2. Tourist activities. The Committee previously noted that a code of conduct for the protection of boys, girls and adolescents against commercial sexual exploitation in the tourist sector had been drawn up. It noted that a large number of tour operators, car hire companies, taxi companies and members of the national hotels association have undertaken to apply the code of conduct and to formulate and publish a set of ethical criteria to be applied to this problem.

The Committee notes with interest the information provided in the final report of the ILO–IPEC project on the prevention and elimination of the commercial sexual exploitation of children of July 2009 that all tourism associations and chambers in Costa Rica have abided by the code of conduct. It also notes that more than 6,000 employees in the tourism sector working in nearly 300 enterprises have been trained and have undertaken to take action to prevent, identify and report situations involving the commercial sexual exploitation of children. Furthermore, the Committee notes that, under section 19 of Act No. 8811 of 12 May 2010 on incentives to promote the social responsibility of tourist enterprises, legal or natural persons involved in a tourism activity are required to include the following statement in their advertising: “the commercial sexual exploitation of boys, girls and adolescents is an offence punishable by imprisonment”. Welcoming the significant measures taken by the Government to prevent and combat the commercial sexual exploitation of children in the tourism sector, the Committee requests the Government to pursue its efforts and to continue providing information on the impact of these measures.

Clauses (a) and (c). Preventing the engagement of children in the worst forms of child labour and ensuring access to free basic education for all children removed from the worst forms of child labour. Free basic education. Further to its previous comments, the Committee notes the information provided by the Government under the Minimum Age Convention, 1973 (No. 138), that the Avancemos (Let’s Move Forward) programme targets mainly young persons aged between 12 and 25 years in a situation of poverty, vulnerability or exclusion and aims to promote their continued attendance or reintegration into formal education at the secondary level. It notes that, in 2008, 300 young persons who were working have benefited from financial support under this programme. Furthermore, the Government’s report indicates that 34,617 children under 15 years of age are currently benefiting under this programme and that the objective for 2009 is to assist 180,000 children.

The Committee also notes that, according to the statistics contained in the 2010 “Education For All: Global Monitoring Report” published by UNESCO, entitled “Reaching the Marginalized”, the gross enrolment rate at the secondary level increased from 57 per cent to 87 per cent between 1999 and 2007. However, it notes that, according to UNICEF statistics for 2008, the net attendance rate stands at only 65 per cent for girls and 59 per cent for boys. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to strengthen its efforts to improve the functioning of the education system through measures aimed at increasing the school attendance rate at the secondary level. In this regard, it requests the Government to continue providing information on the results achieved in the context of the Avancemos programme and on the number of children removed from the worst forms of child labour who have been reintegrated into the education system under this programme.

Article 8. International cooperation and assistance. Trafficking for the purpose of commercial sexual exploitation. The Committee previously noted that as part of its activities, the PANI takes care of children who have been brought into the country, particularly from Nicaragua, and accommodates them in its centres. Furthermore, in order to organize the return of these children to their families, it establishes contact with the competent authorities. The Committee also noted that, according to the September 2008 report on the ILO–IPEC project on the prevention and elimination of the commercial sexual exploitation of children, Costa Rica and Panama signed a coordination protocol on 23 May 2008 on the procedure for the repatriation of children and young person between the two countries.

The Committee notes the information provided by the Government that ten children who were the victims of trafficking were taken care of by the PANI in 2009. However, no cases of child trafficking were detected in 2010. The Committee further notes that the report contains no information on the number of children repatriated to their country of origin. The Committee requests the Government to continue providing information on the activities carried out by the PANI and once again requests it to provide statistics on the number of child victims detected and repatriated to their country of origin. It also once again requests it to provide detailed information on the measures taken as part of the implementation of the coordination agreement on the procedure for the repatriation of children and young persons between Costa Rica and Panama, to ensure the rehabilitation and social integration of children who have been removed from trafficking for the purpose of commercial sexual exploitation within their country of origin.