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

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Article 5 of the Convention. Monitoring mechanisms. Labour inspection and application of the Convention in practice. As regards labour inspection and the application of the Convention in practice, the Committee refers to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 6. Programmes of action. Commercial sexual exploitation. In its previous comments, the Committee requested the Government to provide detailed information, including statistics, on the results achieved through the implementation of the National Plan for the elimination of the commercial sexual exploitation of children and young persons (2016–21).

The Committee notes in the Government’s report the statistical information issued by the National Committee for the elimination of the commercial and non-commercial sexual exploitation of girls, boys and young persons (CONAPEES). In 2018, a total number of 175 girls, boys and young persons (of a total number of 386 persons being sexually exploited for commercial purposes) were identified by mobile teams that work in collaboration with the CONAPEES and are responsible for providing direct assistance to girls, boys and young persons who are victims of sexual exploitation.

The Committee notes that, further to the universal periodic review by the Human Rights Council of January 2019 (A/HRC/WG.6/32/URY/2), the Committee on the Rights of the Child expressed concern about the prevalence of violence against, and the sexual exploitation of children. It urged Uruguay to bring its criminal legislation into compliance with the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.

In addition, the Committee notes once again that the Government has not provided information on the results achieved through the National Plan for the elimination of the commercial sexual exploitation of children and young persons (2016–21). While noting the measures taken by the Government to eradicate the sexual exploitation of children, the Committee requests the Government to continue its efforts to combat the sexual exploitation of children below 18 years of age for commercial purposes. The Committee once again requests the Government to provide detailed information on the results achieved through the implementation of the National Plan.

Article 7(2). Effective and time-bound measures. Subparagraphs (a) and (d). Preventing the engagement of children in the worst forms of child labour. Identifying children at special risk. The Committee notes that, further to the universal periodic review by the Human Rights Council of January 2019 (A/HRC/WG.6/32/URY/2), the United Nations Educational, Scientific and Cultural Organization, along with other treaty bodies, expressed concern that the inequalities in terms of access to education and educational attainment, which had the greatest impact on children of African descent and those from disadvantaged groups, were sharp and persistent. Particular concern was expressed regarding the high dropout rates, especially at the secondary school level. The Committee requests the Government to pursue its efforts to improve the country’s education system, so as to prevent children from engaging in the worst forms of child labour. The Committee encourages the Government to take the necessary measures to reduce the school dropout rates and the inequalities in terms of access to education, particularly secondary education, paying particular attention to children of African descent and those from the most disadvantaged socio-economic groups. In this regard, the Committee requests the Government to provide information on the school dropout rates, disaggregated by socio economic group, gender and age.

Article 8. International cooperation and assistance. In its previous comments, the Committee encouraged the Government to continue its international cooperation efforts to combat the worst forms of child labour, providing information on the progress made and the results achieved through the various international cooperation projects.

The Committee notes that, according to the 2018 annual report of the Uruguayan Institute for Children and Young Persons, the Uruguayan International Cooperation Agency conducted a final evaluation of the project of “institutional strengthening for the formulation of policies to address sexual exploitation for commercial purposes in Uruguay and Colombia”. The Committee once again encourages the Government to continue its international cooperation efforts to combat the worst forms of child labour and requests it to supply detailed information on the progress made and the results achieved through its various international cooperation plans.

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Article 4(1) and (3) of the Convention. Determination and revision of the list of hazardous types of work. In its previous comments, the Committee requested the Government to ensure that the national legislation determined the hazardous types of work prohibited for persons under 18 years of age.

The Committee notes with satisfaction that the Uruguayan Institute for Children and Young Persons revised and substituted the list of hazardous types of work (Resolution No. 1012/006) with a new detailed list (Resolution No. 3344/2017), which determines the hazardous types of work prohibited for persons under 18 years of age, in a number of categories. Firstly, the hazardous types of work in which children are exposed to physical, chemical, ergonomic, biological or psychosocial risks. Secondly, the types of work that are hazardous by their nature, including, for example, work in: establishments selling weapons; pyrotechnic activities; logging activities; transport activities on the high seas or inland waterways; industrial, semi-industrial or small-scale fishing activities; mines; agrochemicals; the sale of alcohol; and waste sorting and recycling.

The Committee also notes that the National Committee for the Elimination of Child Labour revised the list in conjunction with employers’ and workers’ organizations and, from 2017 to 2018, a total of 336 public officials and social actors, as well as 22 labour inspectors received training on the new list of hazardous work prohibited for persons under 18 years of age. The Committee requests the Government to provide information on the application in practice of Resolution No. 3344/2017, particularly on the number and nature of the violations involving the engagement of young persons in hazardous work.

The Committee is raising other matters in a request addressed directly to the Government.

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Article 5 of the Convention. Monitoring mechanisms. Labour inspection and application of the Convention in practice. As regards labour inspection and the application of the Convention in practice, the Committee refers to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 6. Programmes of action. Commercial sexual exploitation. In its previous comments, the Committee noted with interest the implementation of the “National Plan for the elimination of the commercial sexual exploitation of children and young persons”, which aimed to address four issues: (i) the prostitution of children and young persons; (ii) trafficking for commercial sexual exploitation; (iii) child pornography; and (iv) sex tourism. The Committee also noted that an agreement had been signed between the Uruguayan Institute of Children and Young Persons (INAU) and the courts specializing in the prosecution of organized crime with a view to facilitating the processing of complaints related to commercial sexual exploitation.

The Committee notes the Government’s indication in its report that a new “National Plan for the elimination of the commercial sexual exploitation of children and young persons (2016–21)” has been drawn up. It notes that the new plan comprises six strategic components: (i) the promotion of rights and prevention; (ii) protection; (iii) provision of care; (iv) acquisition and systematic recording of knowledge; (v) strengthening of institutions and communication; and (vi) supervision and evaluation. While noting the Government’s efforts to combat the sexual exploitation of children, the Committee observes that the Government does not supply data on the results achieved under the first National Plan referred to above. The Committee recalls the importance of evaluating the mechanisms implemented in order to assess their relevance and effectiveness. The Committee encourages the Government once again to continue its efforts and requests it to supply detailed information, including statistics, on the results achieved through the implementation of the new “National Plan for the elimination of the commercial sexual exploitation of children and young persons (2016–21)”.

Article 8. International cooperation and assistance. The Committee previously noted that the first “National Plan for the elimination of the commercial sexual exploitation of children and young persons” provided for the development of cooperation with other countries engaged in combating the commercial sexual exploitation of children and young persons and for the implementation of action to step up migration controls at borders.

The Committee notes the Government’s indication that two international cooperation projects are being prepared with Colombia and Costa Rica. The goal of these projects will be to exchange knowledge and experiences among specialist bodies, such as INAU, with a view to developing more effective practices for combating the commercial sexual exploitation of children and young persons. The Committee encourages the Government to continue its international cooperation efforts to combat the worst forms of child labour and requests it to supply information on the progress made and the results achieved through the various international cooperation projects once they have been adopted.

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Article 4(1) and (3) of the Convention. Determination and revision of the list of hazardous types of work. In its previous comments, the Committee noted that the list of hazardous types of work was revised in 2009 following consultation with the social partners but that the list has still not been approved by the Executive Authority. The Committee pointed out that although Decision No. 1012/006 of 29 May 2006 includes a detailed list of criteria for use in defining the types of work which are to be deemed hazardous for children, it does not determine the types of activity which are to be prohibited and does not have the force of law.

The Committee notes the Government’s indication in its report that the revision of the list of hazardous types of work is considered a priority. However, it notes with regret that the abovementioned decision still does not have the force of law and that the Government indicates that it does not expect to adopt the decision by decree in the near future. Observing once again that the Government has been referring to the adoption of Decision No. 1012/006 by decree since 2007, the Committee urges the Government to take the necessary measures as soon as possible to ensure that the national legislation determines the hazardous types of work prohibited for persons under 18 years of age. The Committee requests the Government to supply information on progress made in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

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Article 5 of the Convention and Part V of the report form. Monitoring mechanisms. Labour inspection and application of the Convention in practice. In its previous comments, the Committee noted that the selection process for the recruitment of new inspectors by the national department for the inspection of child and adolescent labour of the National Institute of Children and Young Persons (INAU) had still not resulted in the creation of new posts. Observing that the INAU is responsible for enforcing the national legislation on child labour and that with this in mind, inspectors from the national department for the inspection of child and adolescent labour are required to undertake inspections, it thus requested the Government to supply statistics on the results of the supervisory activities carried out by this department in its next report.

The Committee takes due note of the Government’s indication that seven new labour inspectors were appointed to the department between 2011 and 2013 and that 4,195 inspections were carried out throughout the national territory in 2012. According to the Government’s report, the department now has a total of 11 inspectors countrywide, seven of whom are in the department of Montevideo and four in the interior of the country (departments of Artigas, Flores and Lavalleja). However, the Committee notes that the Government’s report still provides no statistics on the supervisors’ activities relating to the worst forms of child labour. The Committee once again requests the Government to provide extracts from labour inspection reports in its next report, as well as information on the extent and nature of the offences recorded by INAU inspectors and the sanctions imposed in connection with the worst forms of child labour.

Article 6. Programmes of action. Commercial sexual exploitation. In its previous comments the Committee noted with interest the implementation of the National Plan for the Eradication of the Commercial Sexual Exploitation of Children and Young Persons (2007–10). It noted that the plan aimed to address four issues: (i) the prostitution of children and young persons; (ii) trafficking for commercial sexual exploitation; (iii) child pornography; and (iv) sex tourism. The Government also indicated that an evaluation of the action plan was conducted in 2010, with a view to guiding future implementation of the plan. Moreover, in March 2011, an agreement was signed between INAU and the courts specializing in the prosecution of organized crime in order to facilitate the processing of complaints related to commercial sexual exploitation.

The Committee notes that the Government’s report provides no fresh information on the implementation of the action plan. However, it notes that a telephone hotline for anonymous reporting of cases of commercial sexual exploitation was opened by INAU’s Departmental Directorate. Moreover, according to information in the report submitted to the Committee on the Rights of the Child in October 2012, for examination by the committee, at its 68th session, of the application of the Convention on the Rights of the Child (CRC/C/URY/3-5), the evaluation of the first phase of the National Plan for the Eradication of the Commercial Sexual Exploitation of Children and Young Persons should lead to the development of a new action phase for 2010–15 (paragraph 191). The Committee encourages the Government to continue its efforts and requests it to supply detailed information, including statistics, on the results obtained in the context of the implementation of the National Plan for the Eradication of Commercial Sexual Exploitation of Children and Young Persons.

Article 8. International cooperation and assistance. The Committee previously noted that the National Plan for the Eradication of Commercial Sexual Exploitation of Children and Young Persons provided for the development of cooperation with other countries engaged in combating the commercial sexual exploitation of children and young persons and for the implementation of activities to step up migration control at borders.

The Committee notes that the Government’s report contains no new information on the subject. However, it notes the information concerning the sale of children, child prostitution and child pornography, contained in its report submitted to the Committee on the Rights of the Child for examination by the committee, at its 68th Session, of the Optional Protocol to the Convention on the Rights of the Child (CRC/C/OPSC/1). According to this information, the Government has implemented bilateral projects under the Regional strategy for the prevention and elimination of child labour in cities bordering Brazil, Argentina and Paraguay (paragraph 19). The Committee encourages the Government to continue its international cooperation efforts to combat the worst forms of child labour and requests it to supply information in its next report on progress made and on the results obtained in implementing the Regional strategy to combat the commercial sexual exploitation of children and young persons.

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Article 4(1) and (3) of the Convention. Determination and revision of the list of hazardous types of work. Further to its previous comments, the Committee notes the Government’s indication that the list of hazardous types of work was revised in 2009 following consultation with the social partners. However, the Government indicates that this list has still not been approved by the Executive Authority. The Committee points out that although Resolution No. 1012/006 of 29 May 2006, which the Government refers to in its report, includes a detailed list of criteria for use in defining the types of work which are to be deemed hazardous, it does not determine the types of activity which are to be prohibited and is unenforceable in practice. Recalling that the Government has been referring to the adoption of the list of hazardous types of work by decree since 2007, the Committee urges it to take the necessary measures as soon as possible to ensure that the national legislation identifies the hazardous types of work prohibited to persons under the age of 18. The Committee requests the Government to supply information on progress made in this regard in its next report.

The Committee is raising other points in a request addressed directly to the Government.

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Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities. Further to its previous comments, the Committee notes that, under section 5 of Act No. 17.016 of 22 October 1998, Act No. 14.294 of 31 October 1974 concerning drugs [Drugs Act] is amended in such a way that section 59 thereof now provides that the use of minors for committing offences established by the Drugs Act is considered an aggravating circumstance. Moreover, under section 59 of the Penal Code, securing the cooperation of persons who cannot be held criminally liable for committing offences is also considered an aggravating circumstance as regards the perpetrators of the crime.

Article 5. Monitoring mechanisms. Labour inspection. Referring to its previous comments, the Committee notes that, according to the information provided by the Government in its report submitted under the Minimum Age Convention, 1973 (No. 138), the selection process for the recruitment of new inspectors at the National Institute for Children and Young Persons (INAU) has still not resulted in the creation of new posts. The Committee also notes the Government’s indication that the Ministry of Labour and Social Security does not have any statistics on the offences reported by the general labour and social security inspectorate relating to the worst forms of child labour, because of the general nature of the inspections carried out by this service. However, it observes that INAU is responsible for enforcing the national legislation relating to child labour and, to this end, the inspectors of the national department for the inspection of child and adolescent labour are required to undertake inspections. The Committee expresses the firm hope that new inspectors will soon be recruited at INAU’s national department for the inspection of child and adolescent labour and requests it to send information on this matter. It also requests the Government to provide statistics in its next report on the results of INAU’s enforcement work.

Article 6. Programmes of action. Commercial sexual exploitation. In its previous comments the Committee noted with interest the National Plan for the eradication of the commercial sexual exploitation of children and young persons, which aimed to tackle four types of sexual exploitation: (i) the prostitution of children and young persons; (ii) trafficking for commercial sexual exploitation; (iii) child pornography; and (iv) sex tourism, through a series of activities covering the period 2007–10. It noted that the Plan was based around five subprogrammes or parts, namely: prevention; protection; provision of care; reinstatement of the rights of child and adolescent victims; and an evaluation phase.

The Committee takes due note of the information sent by the Government concerning developments in the implementation of these different subprogrammes. It notes that an evaluation of the Plan was conducted in 2010, the results of which will point the way ahead for future implementation of the Plan. The Government’s report indicates that the new plan under consideration includes three new subprogrammes, namely: (i) participation of young persons; (ii) training and awareness-raising; and (iii) internal operations and system of dissemination. The Committee also notes that in March 2011 an agreement was signed between INAU and the courts specializing in the prosecution of organized crime in order to facilitate the processing of complaints related to commercial sexual exploitation. The Committee encourages the Government to pursue its efforts and requests it to continue to provide information on the implementation of the National Plan for the eradication of the commercial sexual exploitation of children and young persons. It also requests the Government to provide a copy of the new plan, once it has been adopted.

Hazardous work. Further to its previous comments, the Committee notes the Government’s indication that the National Committee for the Elimination of Child Labour (CETI) adopted in May 2010 a “Plan of action for the elimination of child labour in garbage collection (2011–15)”. The Committee requests the Government to provide information on the measures taken in the context of this Plan and requests it to send a copy of the Plan in its next report.

Clause (d). Children at special risk. Street children. In its previous comments the Committee requested the Government to send information on any measures taken in the context of the programme of assistance for the homeless to ensure the rehabilitation and social reintegration of street children.

The Committee takes due note of the information sent in the Government’s report concerning the assistance measures for street children. It observes that, according to the results of the 2010 national survey on child labour, 0.2 per cent of children between 5 and 17 years of age are involved in begging. The Committee requests the Government to pursue its efforts to protect street children from the worst forms of child labour and requests it to send information on the impact of the action taken, indicating the number of children effectively removed from the streets who have benefited from rehabilitation and social reintegration measures.

Article 8. International cooperation and assistance. The Committee previously requested the Government to send 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 Committee notes the Government’s indication that bilateral cooperation projects are under way and that it will send relevant information as soon as possible. Moreover, the Committee notes that the protection component of the National Plan for the eradication of the commercial sexual exploitation of children and young persons provides in particular for developing cooperation with other countries engaged in combating the commercial sexual exploitation of children and young persons and for implementing activities for increasing controls on migration at border crossings. The Committee once again requests the Government to supply information on the measures taken in the context of the Regional Plan for the prevention and elimination of child labour in MERCOSUR. It also requests the Government to provide information on planned or adopted measures for cooperation with neighbouring countries in the context of the National Plan for the eradication of the commercial sexual exploitation of children and young persons.

Parts IV and V of the report form. Application of the Convention in practice. Referring to its previous comments, the Committee notes the 2010 national survey on child labour conducted by the National Institute of Statistics with the support of the ILO’s SIMPOC programme. It observes that, according to the findings of this survey, 9.9 per cent of children and young persons between 5 and 17 years of age are involved in child labour. The vast majority of these perform hazardous types of work and are between 15 and 17 years of age (5.3 per cent in the 15–17 year age group compared with 3.2 per cent in the 5–14 year age group). Moreover, boys are generally more exposed to these types of work than girls are (12.5 per cent of boys between 15 and 17 years of age compared with 4.3 per cent of girls). The three areas of activity where this phenomenon is most widespread are agriculture, the retail trade and construction.

However, the Committee notes that, even though the 2010 national survey provides statistics on the numbers of children engaged in hazardous work, the Government’s report does not provide any information on the nature, scope and trends of the worst forms of child labour, such as the sale and trafficking of children and young persons for commercial sexual exploitation. The Committee encourages the Government to pursue its efforts to eliminate the worst forms of child labour and requests it to continue to provide information, including statistics, on the nature, scope and trends of the worst forms of child labour. It also requests the Government to supply statistics on the number of children covered by the measures giving effect to the Convention, the number and nature of violations reported, investigations, prosecutions, convictions and criminal penalties imposed, especially in relation to the sale and trafficking of children for commercial sexual exploitation. To the extent possible all information provided should be disaggregated by age and sex.

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Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. Further to its previous comments, the Committee notes with satisfaction that, under section 78 of Act No. 18.250 of 17 January 2008 concerning migration, any person who participates in any manner or by any means whatsoever in the procuring, transport, transfer, accommodation or reception of persons for forced labour or services, slavery or similar practices, servitude, sexual exploitation, abduction, removal of organs or any other activity that violates human dignity shall be liable to imprisonment of four to 16 years. Furthermore, section 81(b) provides that the penalty shall be increased where the victim is a child or a young person.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted that sections 1, 2 and 3 of Act No. 17.815 of 18 August 2004 concerning sexual violence, whether or not for commercial purposes, committed against children, young persons and persons with disabilities penalize the use, procuring or offering of minors for the production of pornography. It asked the Government to indicate whether these provisions also apply to the use, procuring or offering of minors for pornographic performances.

The Committee takes due note that, under section 4 of Act No. 17.815, any person who pays or promises to pay or offers any economic consideration in exchange to any minor or person with a disability, of either sex, to perform sexual or erotic acts of any nature shall be liable to imprisonment of two to 12 years. Moreover, it notes that section 5 provides that any person who contributes in any manner to the prostitution, exploitation or sexual slavery of minors or persons with disabilities shall be liable to imprisonment of two to 12 years.

Article 4(1) and (3). Determination and revision of the list of hazardous types of work. Further to its previous comments, the Committee notes the Government’s indication that the revision of the list of hazardous types of work adopted in the context of Resolution No. 1012/006 of 2006 is awaiting approval from the executive authority. The Committee once again expresses the firm hope that the list of hazardous types of work will be adopted shortly and requests the Government to continue to provide information on this matter. It requests the Government to provide a copy of this list once it has been adopted.

The Committee is raising other points in a request addressed directly to the Government.

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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.

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The Committee notes the Government’s report.

Article 3 of the Convention. Worst forms of child labour. The Committee notes that draft amendments to the Children and Young Persons’ Code concerning the sexual exploitation of children for commercial purposes and the economic exploitation of children are under consideration. It asks the Government to supply information on the progress made on the proposed amendments to the Children and Young Persons’ Code.

Clause (a). Sale and trafficking of children. Referring to its previous comments, the Committee notes that section 6 of Act No. 17.815 of 18 August 2004 on sexual violence for commercial or other purposes against children, young persons and the disabled lays down penalties for the trafficking of minors (persons under 18 years of age – section 280 of the Civil Code) for the purpose of sexual exploitation, including prostitution. The Committee also notes the Government’s information that the legislative authority is currently studying a draft law on migration which penalizes trafficking in persons, particularly children. In view of the fact that the national legislation does not contain any provisions prohibiting the sale or trafficking of children for the purposes of economic exploitation, the Committee sincerely hopes that the draft act will be adopted soon and that it will prohibit and penalize this worst form of child labour. It asks the Government to supply information on all progress made in this respect and to supply a copy of the act once it is adopted.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. Referring to its previous comments, the Committee notes that sections 1, 2 and 3 of Act No. 17.815 of 18 August 2004 on sexual violence for commercial or other purposes against children, young persons and the disabled penalize the use, procuring or offering of children and young persons for the production of pornography. The Committee requests the Government to indicate whether these provisions also apply to the use, procuring or offering of children and young persons for pornographic performances.

Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee observed that the national legislation does not contain any provisions prohibiting this worst form of child labour. Noting the absence of information on this point in the Government’s report, the Committee once again asks it to supply 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.

Article 4, paragraph 1. Determination of hazardous types of work. With reference to its previous comments, the Committee notes with interest the Government’s information that the Institute for Children and Young Persons (INAU) adopted resolution No. 1012/006SP/sp on 29 May 2006 approving a list of types of work which are to be considered hazardous. This list was drawn up by the National Committee for the Elimination of Child Labour (CETI) and prior consultations with the social partners took place. The Committee notes that resolution No. 1012/006SP/sp is currently being discussed by the executive authority for its approval by decree. The Committee hopes that this decree will be adopted in the near future and asks the Government to supply a copy of it once it has been adopted.

Article 5. Monitoring mechanisms. Labour inspection. The Committee notes that, according to the information in ILO/IPEC reports concerning the progress made under the implementation of the subregional project for South America, the Ministry of Labour and Social Security contains a special inspection unit on child labour. It requests the Government to supply information on the functioning of this special unit, particularly on the role of labour inspectors in the strategy to combat child labour and the worst forms thereof, and to supply statistics on the results of inspection activities in this area.

Article 6. Programmes of action. 1. Sexual exploitation. The Committee notes that the Committee on the Rights of the Child, in its concluding observations on the second periodic report of Uruguay in July 2007 (CRC/C/URY/CO/2, paragraph 65), noted with concern that the sexual exploitation and trafficking of children are on the increase in Uruguay, especially in tourist areas and along the borders. In this regard, the Committee notes the Government’s information that a national plan of action on sexual exploitation is being finalized. This plan is based on five sub-programmes, including prevention, child protection and the restoration of victims’ rights. The Committee asks the Government to supply information on the measures taken under this plan of action 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 asks the Government to provide information on the results obtained and to supply a copy of the plan.

2. Hazardous work. The Committee notes the Government’s indication that the CETI is currently drawing up a national plan of action on the employment of children in hazardous work. It asks the Government to supply information on the programmes implemented under the national plan of action in order to eliminate the employment of children in the worst types of hazardous work and to supply a copy of the plan.

Article 7, paragraph 2. Effective and time-bound measures. Clause (c). Access to free basic education or vocational training for all children removed from the worst forms of child labour. With reference to its previous comments, the Committee notes the detailed information supplied by the Government on the implementation of the “Del Cardal” programme of action, which is intended to withdraw children from their economic activities and integrate them into the education system. In view of the fact that education contributes to eliminating many of the worst forms of child labour, the Committee urges the Government to continue its efforts to ensure access to education for all children and young persons removed from the worst forms of child labour.

Clause (d). Children at special risk. Street children. The Committee notes that the Committee on the Rights of the Child, in its concluding observations of July 2007 (CRC/C/URY/CO/2, paragraph 63), expressed its concern at the high number of children who are living or working on the streets, at the lack of social services and integration programmes available for them and the social stigma that they continue to suffer. The Committee notes the Government’s statement that it has implemented a programme of assistance to the homeless. Under this programme, day and night assistance centres have been set up to cater for people living on the street, particularly children. Recalling that street children are particularly exposed to the worst forms of child labour, the Committee encourages the Government to renew its efforts to protect them from the worst forms of child labour. It requests the Government to indicate whether measures have been taken under the programme of assistance for the homeless to ensure the rehabilitation and social integration of children admitted to these centres. The Committee also requests the Government to indicate how many children have actually been catered for in these assistance centres.

Article 8. International cooperation and assistance. MERCOSUR. The Committee notes the Government’s information that a regional plan for the prevention and elimination of child labour in MERCOSUR has been adopted and that the implementation schedule is currently being drawn up. The Committee asks the Government to supply 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.

Parts IV and V of the report form. Application of the Convention in practice. With reference to its previous comments, the Committee notes the national household survey carried out by the National Institute of Statistics (INE) in 2006. It observes, however, that although this study supplies information on child labour in general, it does not provide details of the situation regarding the worst forms of child labour. In this respect, it notes the Government’s information that contacts have been established between the Ministry of Labour and Social Security, the INE and ILO/IPEC–SIMPOC to conduct a study on the worst forms of child labour. The Committee hopes that this study will be carried out as soon as possible. It requests the Government to supply statistics and information, once the study has been completed, on the nature, scope and evolution 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, and also on investigations, legal proceedings, convictions and penal sanctions.

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The Committee notes the Government’s report.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. In its previous comments, the Committee noted the communication from the Inter-Union Assembly of Workers – National Convention of Workers (PIT-CNT), dated 3 October 2003, indicating that, although the National Committee for the Elimination of Child Labour (CETI) has prepared a Plan of Action for the Prevention and Elimination of Child Labour, the resources allocated for its implementation are insufficient for results to be achieved in practice. The progress achieved in the country, particularly with regard to child labour, is undermined by structural adjustment and public expenditure policy measures, which fail to demonstrate the Government’s commitment to reducing the poverty in which the majority of the Uruguayan population is living and which is the reason why boys and girls work. The Committee requested the Government to provide information on the measures adopted to prohibit and eliminate the worst forms of child labour. The Committee notes the Government’s indication that the CETI is currently revising the Plan of Action for the Prevention and Elimination of Child Labour adopted in 2001 with a view to adapting it to the new situation in the country. The Committee hopes that the new Plan of Action will be adopted in the near future and requests the Government to provide a copy as soon as it has been adopted.

Article 3. Worst forms of child labour. Clauses (a), (b) and (c). Sale and trafficking of children and the use, procuring or offering of a child for the production of pornography, pornographic performances or illicit activities. The Committee noted previously that the national legislation does not appear to contain provisions prohibiting the sale and trafficking of children for economic and sexual exploitation. The Committee also noted that the use, procuring or offering of a child for the production of pornography, pornographic performances or illicit activities, in particular for the production and trafficking of drugs, does not appear to be prohibited by the national legislation. It reminded the Government that, under Article 1 of the Convention, immediate and effective measures have to be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee notes the Government’s indication that the competent authorities are examining the measures taken up to now with a view to determining those to be adopted in future. The Committee hopes that the Government will be in a position to provide information in its next report on the measures taken to secure the prohibition and elimination of the sale and trafficking of children, for both economic and sexual exploitation, and the use, procuring or offering of a young person under 18 years of age for the production of pornography, pornographic performances or illicit activities, in accordance with Article 3(a), (b) and (c) of the Convention. It also requests the Government to adopt provisions imposing appropriate sanctions in relation to these worst forms of child labour.

Article 4, paragraph 1. Determination of hazardous types of work. In its previous comments, the Committee noted that the Government had not yet prepared a list of the types of work that are likely to harm the health, safety or morals of young persons, but that the National Committee for the Elimination of Child Labour (CETI) had undertaken to remedy this situation. It also noted the Government’s indication that the document entitled “Analysis and recommendation for better supervision and application of national and international regulations respecting work by children and young persons in Uruguay” contains, in Chapter V, a list of the types of work which should be considered as the worst forms of child labour and as hazardous work. A discussion was to be held on these types of work at the national level. The Committee requested the Government to provide information on the process of the preparation and adoption of this list of types of hazardous types of work. The Committee notes the information provided by the Government that a subcommittee of the CETI is currently drawing up the list of hazardous types of work. The Committee hopes that this list will be adopted in the near future. It requests the Government to provide a copy once it has been adopted.

Article 7, paragraph 1. Penalties. The Committee previously requested the Government to provide information on the application in practice of penalties relating to slavery (section 280 of the Penal Code), denial of another person’s freedom (section 281 of the Penal Code), exploitation of the prostitution of other persons (section 1(1) and (2) of Special Act No. 8080 of 27 May 1927) and hazardous types of work (section 232 of the Code of Children and Young Persons of 2004). The Committee notes the Government’s indication that no measures have been adopted in this respect. It reminds the Government that, under the terms of this provision of the Convention, each Member shall take all 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 or, as appropriate, other sanctions. The Committee requests the Government to indicate the measures adopted or envisaged to ensure that the penalties established in the various legal texts are applied in practice with a view to ensuring the effective implementation of the provisions giving effect to the Convention.

Article 7, paragraph 2. Effective and time-bound measures. In its previous comments, the Committee noted that no measures had been taken to give effect to this provision of the Convention and expressed the hope that the Government would provide detailed information on the effective and time-bound measures taken to give effect to Article 7, paragraph 2(a), (b), (d) and (e). The Committee notes the Government’s indication that no measures have yet been taken in this respect. The Committee reminds the Government that, under the terms of Article 7, paragraph 2, of the Convention, each Member shall, taking into account the importance of education in eliminating child labour, take effective and time-bound measures to: (a) prevent the engagement of children in the worst forms of child labour; (b) provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration; (d) identify and reach out to children at special risk; and (e) take account of the special situation of girls. The Committee hopes that, following the examination by the competent authorities of the measures adopted by the country up to now in the field of child labour, the Government will be in a position to provide information in its next report on the points referred to above.

Clause (c). Access to free basic education and vocational training. The Committee previously noted the Government’s indication that the National Children’s Institute (INM) has established the “Del Cardal” programme, which is intended to remove children from the economic activities that they are undertaking and integrate them into the educational system. In the absence of information from the Government on this subject, the Committee once again requests it to provide information on the results achieved in the context of the “Del Cardal” programme.

Article 7, paragraph 3. Authority responsible for the implementation of the provisions giving effect to the Convention. The Committee requested the Government to provide information on the activities of the National Committee for the Elimination of Child Labour (CETI), particularly with regard to the prohibition and elimination of the worst forms of child labour. The Committee notes the Government’s information that the functions of the CETI include proposing and coordinating policies and programmes for the elimination of child labour and strengthening coordination and concerted action between public, private, national and international institutions working in the field of children’s issues.

Article 8. Enhanced international cooperation and/or assistance. Further to its previous comments, in which it noted that the Member States of MERCOSUR (Argentina, Brazil, Paraguay and Uruguay) had undertaken to join their efforts to combat child labour, the Committee encouraged the Government to continue cooperating with other countries and requested it to provide detailed information on enhanced international cooperation and assistance. In this respect, the Committee notes the information provided by the Government that, at the last meeting of MERCOSUR, a televised awareness-raising campaign on the subject of commercial sexual exploitation was proposed. Moreover, the Government adds that a MERCOSUR thematic commission is currently examining the issue of child labour and that, following a further meeting between the thematic commission and a working group, it will be in a position to provide information on this subject. The Committee requests the Government to provide information on this subject in its next report.

Parts IV and V of the report form. Application of the Convention in practice. The Committee noted previously that the statistics and data available on Uruguay did not specifically relate to the worst forms of child labour. It requested the Government to provide information on the manner in which the Convention is applied in practice, and particularly to provide statistics of the worst forms of child labour. In its report, the Government indicates that in 2006 the National Statistical Institute will conduct a household survey that will cover, among other subjects, child labour and rural populations of under 5,000 inhabitants, which will provide information on rural areas. However, the Government adds that it is not in a position to guarantee that this survey will provide information on the worst forms of child labour. While noting the information provided by the Government, the Committee requests it to take the necessary measures to compile information on the worst forms of child labour and to provide statistics and information in its next report 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 the infringements reported, investigations, prosecutions, convictions and the penalties applied.

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The Committee notes the Government’s first report. It also notes the communication by the Inter-Union Assembly of Workers - National Convention of Workers (PIT-CNT), dated 3 October 2003, containing certain comments on the application of the Convention. The Committee notes with interest that, on 13 October 2002, the Government renewed the Memorandum of Understanding (MOU) with ILO/IPEC until 2007. It requests the Government to provide information on the following points.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. In its communication, the PIT-CNT indicates that the measures taken by the Government of Uruguay to give effect to the provisions of the Convention are inadequate. Although the National Committee for the Elimination of Child Labour (CETI) has prepared the Plan of Action for the Prevention and Elimination of Child Labour, no measures have been taken to ensure that its implementation leads to effective results in practice. In the majority of cases, the activities planned in the Plan of Action have not been implemented in practice, as the Government has not allocated sufficient resources. The PIT-CNT adds that the progress achieved in the country, particularly with regard to child labour, is being hindered by structural adjustment and public expenditure policy measures which do not show commitment by the Government to reduce the poverty in which the majority of the Uruguayan population is living and which is the reason why boys and girls work.

In its report, the Government indicates that this Plan of Action is a national proposal for an effective response to the problem of child labour in Uruguay. The Government also indicates that the Plan of Action is based on the following four approaches: (1) programme of legal and judicial protection; (2) programme of public awareness; (3) education programme; and (4) programme of economic alternatives. The Government adds that the principle difficulties related to the application of the Convention are: (1) the informal nature of child labour; (2) the difficulty of identifying the phenomenon, particularly in activities carried out in the family context; (3) cultural rules which identify work by children and young persons as a form of socialization and the maintenance of traditions; (4) the inadequacy of the personnel of the labour inspection services to cope adequately with inspection needs; (5) the lack of specialized and continuous information on child labour; (6) the inadequacy of economic resources to act in an adequate manner; and (7) the lack of statistical data relating to the infringements reported.

The Committee reminds the Government that, under Article 1 of the Convention, each Member which ratifies the Convention must 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 draws the Government’s attention to the fact that Article 6 of the Convention provides that each Member must design and implement programmes of action to eliminate, as a priority, the worst forms of child labour. The Committee therefore requests the Government to provide information on the measures adopted to prohibit and eliminate the worst forms of child labour. It also requests the Government to provide information on the implementation of the four types of action referred to above, particularly with regard to their application to the worst forms of child labour. It also requests the Government to provide a copy of the Plan of Action for the Prevention and Elimination of Child Labour.

Article 3. Worst forms of child labour. Clause (a). 1. Sale and trafficking of children. Under section 280 of the Penal Code, it is an offence to purchase or transfer slaves and traffic them. In its report, the Government indicates that no case of the sale or trafficking of children has been reported in the country. While noting the above information, the Committee notes that section 280 of the Penal Code only covers the slave trade. It reminds the Government that Article 3(a) of the Convention covers the sale and trafficking of young persons under 18 years of age for the purposes of economic or sexual exploitation. The Committee notes that the national legislation does not appear to contain provisions prohibiting these forms of exploitation. It therefore requests the Government to provide information on the measures adopted or envisaged to secure the prohibition of the sale and trafficking of young persons under 18 years of age for economic and sexual exploitation, and to adopt provisions setting forth appropriate penalties in this respect.

2. Slavery, debt bondage, serfdom and forced or compulsory labour. The Committee notes the Government’s statement that no case of slavery has been reported in the country. Under section 280 of the Penal Code, any person who reduces an individual to slavery or a similar practice, purchases or transfers slaves commits an offence. Under section 281 of the Penal Code, any person who, in any manner, deprives an individual of personal freedom is guilty of an offence. Furthermore, section 288 of the Penal Code provides that any person who makes use of violence or threats to compel another person to carry out, tolerate or cease carrying out an activity commits an offence.

3. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes the Government’s statement that it has signed the Montevideo Declaration of 8 July 1999, which declares that the use of a child under 18 years of age by any national armed force or armed group is, without exception, in peace time as in war, contrary to the spirit of comprehensive protection promoted in the Convention on the Rights of the Child, even when the child under 18 years claims or is claimed to be a volunteer. Under section 115 of Act No. 10/050 respecting military service, of 27  September 1941, any person who wishes to be a member of a military unit must be 18 years of age. The Committee also notes the Government’s statement that no case of the forced or compulsory recruitment of children for use in armed conflict has been reported in the country.

Clause (b) 1. Use, procuring or offering of a child for prostitution. The Committee notes that section 1(1) of Special Act No. 8.080 of 27 May 1927, as amended by section 24 of Act No. 16.707 of 6 July 1995, makes it an offence for any person to exploit the prostitution of a third person, contribute to the prostitution in any manner, with the intention of obtaining profit. Section 1(2) of Act No. 8.080, as amended by section 24 of Act No. 16.707, also makes it an offence for any person who, with the intention of obtaining profit, induces or convinces another person to engage in prostitution, within the country or abroad. Under section 2 of Act No. 8.080, as amended by section 24 of Act No. 16.707, the penalties envisaged for the crime of prostitution are increased in cases if the victim is a person under 18 years of age.

2. Use, procuring, or offering of a child for the production of pornography, or for pornographic performances. The Committee notes that the national legislation does not appear to contain provisions prohibiting the use, procuring or offering of a young person under 18 years of age for the production or pornography or for pornographic performances. It reminds the Government that its obligation under Article 1 of the Convention is to take "immediate" and effective measures to prohibit this worst form of child labour. The Committee accordingly requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a young person under 18 years of age for the production of pornography or for pornographic performances, in accordance with Article 3(c) of the Convention. It also requests the Government to adopt provisions setting forth appropriate penalties in this respect.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that Act No. 14.294 of 1998 prohibits the import, export and distribution of psychotropic substances. The Committee recalls that, under Article 3(c) of the Convention, the use, procuring or offering of a young person under 18 years of age for illicit activities, in particular for the production and trafficking of drugs, as defined in the relevant international treaties, is considered as being among the worst forms of child labour. It also recalls that, under Article 1 of the Convention, each Member which ratifies it has to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour. The Committee therefore requests the Government to indicate the measures taken to secure the prohibition and elimination of the use, procuring or offering of a young person under 18 years of age for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties, in accordance with Article 3(c) of the Convention as soon as possible.

Clause (d). Types of hazardous work. Under section 226 of the Children’s Code, it is prohibited for young persons under 18 years of age to perform work which is prejudicial to their health, safety or morals, which is tiring or beyond their strength. Under section 231 of the Children’s Code, night work is prohibited for young persons under 18 years of age. Section 243 of the Children’s Code prohibits work by young persons under 21 years of age in nocturnal premises, such as music bars, cabarets and reviews. The Committee also notes that, according to the information contained in the Government’s report, the national legislation specifically prohibits work by young persons under 18 years of age in certain activities. For example, section 4 of Act No. 5032 of June 1914 and section 32 of Decree No. 647/78 of November 1978 prohibit the engagement of young persons under 18 years of age in the washing and repair of motors that are in operation, in machines or other hazardous transmissions. Under section 37 of Decree No. 647/78, it is prohibited to employ young persons under 18 years of age in rural work which is likely to harm their health or morals and is excessively tiring, unhealthy or hazardous for their physical and moral protection. Under section 24 of the Decree of 9 January 1942, the engagement of young persons under 18 years of age as manual labourers or apprentices in cotton mills is prohibited. The Decree of 14 September 1945 sets 18 years as the minimum age for work in establishments which prepare, use or handle aromatic amines. Under section 11 of the Decree of 8 May 1950, young persons under 18 years of age may not be admitted into establishments which manufacture bread, pastry or fresh pasta. Section 1 of the resolution of the Children’s Council (now the INAME) of 10 December 1971 prohibits the employment of young persons under 18 years of age on board vessels as stokers and trimmers. Furthermore, section 6 of Act No. 10471 of 3 March 1944 prohibits work by young persons under 18 years of age in forestry and peat extraction. Under section 8 of Decree No. 372/99 of 26 November 1999, it is prohibited to cause young persons under 18 years of age to be engaged in the clearing of land and in work involving the handling of toxic agricultural products. Section 30 of the Decree of 22 January 1936 sets the age of 18 years as a minimum for the engagement of workers in freezing chambers. Section 14 of Act No. 11577 of 14 October 1950 prohibits work by persons under 21 years of age in unhealthy types of work at night.

Article 4, paragraph 1. Determination of types of hazardous work. The Committee notes the Government’s statement that Uruguay has not yet prepared a list of the types of work which are likely to harm the health, safety or morals of young persons. The National Committee for the Elimination of Child Labour undertook to remedy this situation during the course of 2003. The Government adds that, where types of hazardous work exist, they are in most cases activities which are hazardous for girls, boys and young persons by reason of the circumstances in which they are carried out. The Committee notes the document entitled Analysis and recommendation for better supervision and application of national and international regulations respecting work by children and young persons in Uruguay. It notes the Government’s indication that the types of work referred to in the last section of Chapter V of the above document are those which should be determined as the worst forms of child labour. These types of work are: (i) agricultural activities, such as those requiring the handling of toxic products, the harvesting of fruit and vegetables, the clearing of land and the operation of agricultural machinery; (ii) industrial activities, such as brick kilns, glass or pottery ovens, the production and/or sale of matches and fireworks, construction, mines, quarries, underground work and work at heights, metalwork, chemical industries in which hazardous or toxic products are handled, such as white lead, lead sulphate, benzene, aromatic amides, work involving exposure to radiation, the shoe and leather products industries or similar industries which use adhesives and solvents for the manufacture of their products, freezing chambers, the operation of hazardous industrial machinery, work requiring the handling of electricity; (iii) activities at sea and/or on rivers, such as fishing and working on board vessels; (iv) domestic work, namely all types of tasks in the houses of other persons; (v) activities in the street, such as begging, gathering rubbish for recycling and profit, washing cars, street hawking, participation in street performances; and (vi) activities in nocturnal centres, such as the sale of alcohol, gaming and, in general, in places in which activities are undertaken which are liable to be harmful to the morals of young persons. Furthermore, work involving the loading, unloading or continuous transportation of objects and all activities which, by reason of their duration and the circumstances in which they are carried out, prevent children from attending school, may be considered as types of hazardous work and as among the worst forms of child labour.

The Committee notes that the list of types of hazardous work enumerated above will be the subject of consultation at the national level. This consultation will involve the various social actors which make up the National Committee for the Elimination of Child Labour (CETI), namely various ministries, public administrations, employers’ and workers’ organizations and NGOs. The Committee requests the Government to provide information on the process of the preparation of this list of types of hazardous work.

Article 4, paragraph 2. Identification of where types of hazardous work exist. Noting that the Government has not provided any information on this subject, the Committee requests it to indicate the measures taken or envisaged to identify where determined types of hazardous work exist and to provide information on the outcome of these measures.

Article 5. Monitoring mechanisms. The Committee notes the Government’s statement that the administrative entity responsible for monitoring the implementation of the Convention is the Ministry of Labour and Social Security (MTSS), through the General Labour Inspectorate (IGTSS) and the National Institute for Young Persons (INAME). The IGTSS is responsible for monitoring general conditions and aspects relating to the safety and health at work of young persons. According to the Government’s report, INAME and the IGTSS undertake activities, either independently or in coordination, related to labour inspection and take measures, within their respective fields of competence, to penalize any infringements. The Government adds that it is difficult, particularly for INAME, to undertake labour inspection as the total number of inspectors for the whole country is seven, and due to economic constraints, which make it difficult for them to travel around the country. The MTSS inspectors encounter the same difficulties. However, the Committee notes that the Government has taken measures to improve inspection services. Training activities have been undertaken for labour inspectors in the field of child labour. Furthermore, Uruguay participated in the preparation of the Guide for the implementation of an inspection and monitoring system for child labour in MERCOSUR countries and Chile. While noting the Government’s information on the constraints encountered in undertaking labour inspection, the Committee requests it to take the necessary measures to establish an appropriate mechanism to monitor the implementation of the Convention. It also requests it to provide information on the results of the various inspections carried out relating to the worst forms of child labour, particularly through the provision of extracts of reports or documents.

Article 7, paragraph 1. Penalties. Under section 280 of the Penal Code, any person found guilty of slavery or the sale of slaves is liable to a sentence of from two to six years’ imprisonment. Under section 281 of the Labour Code, any person found guilty of having deprived another of his or her personal freedom is liable to a penalty of from one year of detention to nine years’ imprisonment. Section 288 of the Penal Code provides for a sentence of between three months of detention and three years of imprisonment for any person found guilty of violence. Section 1(1) of Special Act No. 8080 of 27 May 1927, as amended by section 24 of Act No. 16707 of 6 July 1995, provides for a penalty of between two and eight years of imprisonment for any person, male or female, who exploits the prostitution of another. Section 1(2) of Act No. 8080 provides for a penalty of from three to 12 months of imprisonment for any person who, with a view to profit, induces or convinces a person to engage in prostitution, within or outside the country. Under section 2 of Act No. 8080, a minimum penalty of four years’ detention is envisaged for the crime of prostitution. Under the terms of section 232 of the Children’s Code, persons in violation of sections 226 (types of hazardous work) and 231 (night work) are liable to a fine of from 50 to 200 pesos for each young person employed. In the event of a repeat offence, a penalty of imprisonment of from eight days to three months may be added to the fine. The Committee requests the Government to provide information on the application in practice of the above penalties.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes the Government’s indication that no measures have yet been taken to give effectto Article 7, paragraph 2, of the Convention. The Committee hopes that the Government will provide detailed information on the effective and time-bound measures taken to: (a) prevent the engagement of children in the worst forms of child labour; (b) provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration; (d) identify and reach out to children at special risk; (e) take account of the special situation of girls.

Clause (c). Access to free basic education and vocational training for all children removed from the worst forms of child labour. The Committee notes that article 70 of the Constitution provides that primary education is compulsory. Under section 74 of the Children’s Code, education is compulsory for children from 6 to 14 years of age. The Committee notes the Government’s indication that the National Children’s Institute (INM) has established the "Del Cardal" Programme, which is intended to withdraw children from the economic activities that they are undertaking and integrate them into the educational system. It requests the Government to provide information on the results achieved in the context of the "Del Cardal" programme.

Article 7, paragraph 3. Designation of the authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes that the National Committee for the Elimination of Child Labour (CETI), a tripartite committee with the objective of combating child labour with a view to its progressive elimination, is the competent authority responsible for the implementation of the measures giving effect to the Convention. The functions of the CETI include: (1) proposing and coordinating policies and programmes for the elimination of child labour; and (2) developing a national plan of action for the elimination of child labour and the protection of young workers. The Committee requests the Government to provide information on the activities of the CETI, particularly with regard to the prohibition and elimination of the worst forms of child labour.

Article 8. Enhance international cooperation and/or assistance. The Committee notes the information provided by the Government that international cooperation and mutual assistance between the countries of Latin America are essential to combat child labour. The principal form of assistance in the region is the support of ILO/IPEC of which Uruguay is a beneficiary. In this context, the country has received the assistance of neighbouring countries, particularly through the exchange of information in seminars and regional meetings. Furthermore, the Member States of MERCOSUR (Argentina, Brazil, Paraguay and Uruguay) have undertaken, in various declarations signed between 1997 and 2002, to unite their efforts to combat child labour. A study has been undertaken in all the MERCOSUR countries on the legislation that is in force relating to work by young persons. The Committee notes that Uruguay is a member of Interpol, the organization which assists in cooperation between countries in the various regions, particularly to combat the trafficking of children. The Committee encourages the Government to continue cooperating with other countries and requests it to provide detailed information on enhanced international cooperation and assistance, including support for social and economic development, poverty eradication programmes and universal education.

Parts IV and V of the report form. Application of the Convention in practice. While noting the information provided by the Government, and the study undertaken by the National Institute for Young Persons (INAME), the Ministry of Labour and Social Security (MTSS) and UNICEF, the Committee notes that the statistics and data provided do not specifically relate to the worst forms of child labour. It therefore requests the Government to provide statistics and 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 reported, investigations, prosecutions, convictions and penalties. To the extent possible, all information provided should be disaggregated by sex.