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Worst Forms of Child Labour Convention, 1999 (No. 182) - Timor-Leste (RATIFICATION: 2009)

The Committee notes the Government’s first report.

Article 3 of the Convention. Worst forms of child labour. Clause (a) All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that section 81(3) (on trafficking) of the Immigration and Asylum Act of 2003 (Law No. 9/2003) prohibits the transportation, recruitment, transfer, lodging or keeping of persons under 18 for the purpose of exploiting them or placing them in sexual exploitation or forced labour. The Committee also notes that section 166 of the Penal Code (on sale of persons) prohibits by any act or other means of transaction, the transfer of a person, or group of persons, to another person or group of persons against payment of any sum or any other exchange, reward or advantage. The Committee further notes that pursuant to section 163(1) of the Penal Code (on human trafficking) it is prohibited to recruit, assign, purchase, transport, transfer, house or receive persons through use of threat, force or other forms of coercion, kidnapping, fraud, trickery, abuse of power or situation of vulnerability, or by means of delivery or acceptance of payment or benefits, to obtain the consent of a person with authority over another, for purposes of exploitation.

2. Forced or compulsory labour. The Committee notes that article 50(4) of the Constitution states that compulsory work, except as provided for under penal legislation, is prohibited. The Committee also notes that section 162 of the Penal Code states that any person who, by any means, places a fellow human being in a situation of enslavement or makes use of a person in such a condition is punishable with eight to 20 years’ imprisonment. Lastly, the Committee notes that section 8 of the Labour Code of 2012 states that forced or compulsory labour is prohibited.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes that section 2 of the Military Service Law (Law No. 3/2007 as amended by Law 16/2008) states that all Timorese citizens aged between 18 and 30 may be drafted into the military service. The Committee also notes that section 125 of the Penal Code states that it is prohibited, within the context of an armed conflict of an international or non-international nature, to enlist children under the age of 18 into the armed, military or paramilitary forces of a State, or into other armed groups, or use them to participate in hostilities.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. The Committee notes that section 155 of the Penal Code prohibits any person who provides guardianship or custody to a minor aged less than 17 years, or who is responsible for their upbringing, or who does so under employment, from using, procuring or offering a minor for the purposes of prostitution, production of pornographic material or pornographic shows. The Committee also notes that section 174 of the Penal Code prohibits promoting, facilitating, or contributing towards engaging another person in prostitution, and that section 175(1) provides for a stronger penalty if this act of exploitation is committed against a minor aged less than 17 years. Section 175(2) prohibits offering, obtaining, seeking or delivering a minor aged less than 17 years for the purpose of child prostitution. Moreover, the Committee notes that section 176 of the Penal Code, on child pornography, prohibits the use, exposure or representation of a minor aged less than 17 years performing any sexual activity, as well as the production, distribution, dissemination or selling of any communication, document or record of such acts. The Committee further observes that the prohibitions on the use, procuring or offering of a child for prostitution or pornographic prohibitions contained in both the Labour Code of 2012 (section 67(2)(b)) and the draft Child’s Code (section 39) only provide protection to children under 17 years of age. In this connection, the Committee recalls that, pursuant to Articles 1, 2 and 3 of the Convention, the worst forms of child labour must be prohibited to all children under 18 years of age. The Committee therefore strongly requests the Government to take the necessary measures, in the near future, to ensure that the relevant legislation is amended to ensure that the use, procuring and offering of a child for the purpose of prostitution as well as the production of pornography and pornographic performances is prohibited for all children under 18 years of age. It requests the Government to provide information on measures taken in this regard, in its next report.

Clause (c). Use, procuring or offering a child for illicit activities, in particular the production and trafficking of drugs. 1. Production and trafficking of drugs. The Committee notes that section 155(e) of the Penal Code states that it is prohibited for any person who provides guardianship or custody, or is responsible for the upbringing of a minor aged less than 17 years, or does so under employment, to use, recruit or offer the minor for the practice of unlawful acts or activities, namely the production and trafficking in narcotics as defined by international conventions. Recalling that Article 3(c) of the Convention prohibits the use, procuring or offering of all persons under the age of 18 years for the production and trafficking of drugs, the Committee requests the Government to take measures in the near future to prohibit this worst form of child labour for all persons under 18 and to provide information on progress made in this regard.

2. Begging. The Committee notes that section 155(2) of the Penal Code prohibits the use of a minor for begging, but that pursuant to section 155(1), the term minor appears to only cover children under the age of 17 years. The Committee requests the Government to take the necessary measures to prohibit the use of all children under 18 for the purpose of begging.

Clause (d). Hazardous work. The Committee notes that section 67(1) of the Labour Code of 2012 states that it is prohibited to employ a minor (defined as a person under 17, pursuant to section 5(h)) in work that is dangerous or liable to jeopardize their education or endanger their health, or mental, moral or social development. Section 67(2)(d) of the Labour Code states that work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, is also prohibited, although the Committee observes that the term “child” is not defined. The Committee further notes that section 155 of the Penal Code states that it is prohibited to subject a minor under 17 years of age to economic exploitation, hazardous work or work capable of compromising his or her education or physical, mental, spiritual, moral or social development. Lastly, the Committee notes that section 79 of the draft Child’s Code prohibits employment of persons under 15 years of age, and prohibits the employment or work of children between the ages of 15 and 17 in activities which, either by their nature or due to specific circumstances, can endanger the children’s health, safety or morals. Observing that the protection offered in the relevant legislation only covers children under 17 years of age, the Committee urges the Government to take the necessary measures to ensure that the relevant legislation is amended to prohibit the engagement of all children under 18 years of age in hazardous types of work, in conformity with Article 2 and Article 3(d) of the Convention.

Article 4(1). Determination of types of hazardous work. The Committee notes that section 68(4) of the Labour Code of 2012 states that a minor shall not carry out unhealthy or dangerous tasks, or ones which require demanding physical effort, as defined by the competent authority. In this regard, the Committee notes the Government’s statement that initial consultations on the list of hazardous types of work were held in 2011, and that the list is expected to be finalized in 2012. The Committee also notes the information from ILO–IPEC that a second workshop on the determination of the types of hazardous work was held in March 2012. The Committee expresses the firm hope that a list of hazardous types of work prohibited to all children under 18 will be adopted in the near future, after consultation with the organizations of employers and workers concerned. It requests the Government to provide a copy of the list, once adopted.

Article 5. Monitoring mechanisms. The Committee notes the Government’s statement that the General Directorate of Labour Inspection is the authority with responsibility for monitoring the elimination of the worst forms of child labour, with three dedicated staff addressing the subject. The Committee also notes that the Committee on the Rights of the Child (CRC), in its concluding observations of 14 February 2008, recommended that the Government take measures to ensure that the relevant child labour provisions were vigorously enforced through a sufficient number of adequately resourced and mandated labour inspectors (CRC/C/TLS/CO/1, paragraph 78). The Committee requests the Government to provide information on the activities of the General Directorate of Labour Inspection, particularly on the work of the staff dedicated to addressing the worst forms of child labour, including the number of violations detected in this regard, and the specific penalties applied.

Article 6. National programmes of action. The Committee notes the statement in the Government’s report that ILO–IPEC is currently working with the Government to elaborate a programme on the worst forms of child labour. The Government also indicates that work is being undertaken to create a national commission on child labour, in which trade unions, employers’ organizations and various ministries are participating. The Government indicates that the national commission is expected to be established in 2012, and will be responsible for elaborating national programmes to eliminate the worst forms of child labour. The Committee requests the Government to pursue its efforts to ensure the elaboration and adoption of a national programme to eliminate the worst forms of child labour and to provide a copy of this national programme, once adopted. It also requests the Government to continue to provide information on the progress made towards the establishment of a national commission on child labour.

Article 7(1) and Part V of the report form. Penalties and the application of the Convention in practice. The Committee notes the Government’s statement that national legislation provides for sanctions and penalties for engaging children in the worst forms of child labour. In this regard, the Committee notes that section 164(b) of the Penal Code provides for a penalty of 12 to 25 years’ imprisonment for the trafficking or enslavement of a minor, while section 166(2)(b) provides for a penalty of four to 12 years’ imprisonment for the sale of a minor. Moreover, section 175 of the Penal Code establishes a penalty of four to 12 years’ imprisonment for contributing towards, promoting or facilitating engaging a minor in prostitution and section 176 provides for a penalty of three to ten years’ imprisonment for the use of a minor for the purpose of pornography. The Committee also notes that section 155(1) of the Penal Code provides that the following offences are punishable with two to six years of imprisonment, if no heavier penalty is applicable by force of another legal provision: using, recruiting or offering a minor for practicing unlawful acts or activities, namely production and trafficking in narcotics; and engaging a child in hazardous work. Section 155(2) of the Penal Code provides that using a minor for begging is punishable with up to three years’ imprisonment, if no heavier penalty is applicable by force of another legal provision. The Committee requests the Government to provide, in its next report, information on the application in practice of these provisions of the Penal Code, including the number of investigations, prosecutions, convictions and penalties applied. To the extent possible, all information provided should be disaggregated by sex and by age.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes the Government’s statement that there is currently an educational subsidy, Bolsa da Mae, available to children who meet a certain criteria of vulnerability. The Committee also notes the statement of the CRC in its concluding observations of 14 February 2008 that measures had been taken to increase enrolment rates, including among children living in poverty and children in rural areas. However, the CRC expressed concern that a large number of children in Timor-Leste between 6 and 11 years were still not enrolled in school, that less than 50 per cent of children reached grade 6, and that access to schools remained problematic in some rural areas (CRC/C/TLS/CO/1, paragraph 64). In this regard, the Committee notes that, according to the 2011 UNESCO Global Monitoring Report – Education for All, the net enrolment rate in primary education in 2008 was 76 per cent. This report also indicates that there were approximately 43,000 out-of-school children of primary school age in 2008 (out of the school age population of approximately 189,000 children). Recalling that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to pursue its efforts to facilitate access to free basic education for all children, with a particular focus on children from poor families and rural areas. It requests the Government to continue to provide information on measures taken in this regard and on the results achieved, particularly with regard to increasing school enrolment rates and reducing the number of out-of-school children.

Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking and commercial sexual exploitation. The Committee notes the Government’s statement in its reply to the list of issues of the CRC in connection with the Optional Protocol on the sale of children, child prostitution and child pornography of 14 January 2008 that the National Division for Social Reinsertion works with agencies and other counterparts to create a mechanism for the detection of sale and trafficking of children, child prostitution and child pornography (CRC/C/OPSC/TLS/Q/1Add.1, paragraph 4). The Committee also notes the Government’s statement in its report to the Human Rights Council for the Universal Periodic Review of 19 July 2011 that, in recent years, Timor-Leste has become a destination of human trafficking for the purposes of sexual exploitation. The Government states that it guarantees assistance to victims of trafficking, including medical assistance, psychological support and counselling, through measures taken by the Ministry of Social Solidarity and the Ministry of Health. The Government further indicates that it has engaged in partnerships with non governmental organizations to provide temporary shelter for these victims (A/HRC/WG.6/12/TLS/1, paragraph 30). The Committee requests the Government to provide information on the number of victims of trafficking and commercial sexual exploitation under 18 years of age who have been identified by the National Division for Social Reinsertion, as well as the number of child victims who have received services for their rehabilitation and social reintegration.

Clause (d). Identify and reach out to children at special risk. Street children. The Committee notes that the CRC, in its concluding observations of 15 February 2008, expressed concern about the situation of children who work or live on the streets, mostly due to socio-economic factors, in light of the risks to which these children are exposed. Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee requests the Government to provide information on the measures taken or envisaged to protect such children from the worst forms of child labour, including the number of street children who have benefited from any initiatives taken in this regard.